V 



LIBRARY OF CONGRESS. 

Shelf.l<.i-i57 

UNITED STATESOFAMEKIOA 




i 



m^^t^gttim 



K^^:^!^^. 



A BRIEF SYNOPSIS 



OF THE 



COLLECTIOISr LAWS 



OF THE 



UNITED STATES AND CANADA. 



COMPILED UNDER DIEECTION OF 

DOUGLASS & MINTON, 

ATTORNEYS OF THE LAW AND COLLECTION DEPARTMENT OF THE 
MERCANTILE AGENCY OF 

DUISr, WIMAN & CO., 

814 & 816 BROADWAY, NEW YORK. 



NEW YORK: 
D. APPLETON & COMPANY, 

1, 3, & 5 BOND STREET. 
1880. 



.(AS-B7 



COPYEIGHT BY 

DUN, WIMAN & CO., 

1880. 



PEEFAOE. 



We present tMs book to tlie public, believing that 
it will supply a want wMcli lias long been felt by the 
business community. Its object is to enable all per- 
sons having claims for collection to see at a glance the 
Collection Laws of the different States, and also of Can- 
ada. There are many questions relating to Attach- 
ments, Jurisdiction of Courts, Executions, Statute of 
Limitations, the law pertaining to Married Women, 
Assignment Laws, etc., which arise daily in every 
counting-room, upon which merchants desire immedi- 
ate information. To supply this, we have prepared a 
series of questions which have been suggested by our 
own personal experience in the collection of debts. 
The questions asked are answered briefly with an in- 
telligent reply, enabling business men to have, as it 
were, in a nut-shell, the more important features of 
the laws relating to the collection of debts throughout 
the whole country. We trust that the compilation will 
meet substantially the wants of the business commu- 
nity. Since the repeal of the National Bankrupt Act, 
a knowledge of the Assignment Laws of the various 
States has become especially important, and we have, 
therefore, embraced in this work answers to the most 
vital questions which arise under these laws. 



ALABAMA. 

1. Should accounts forwarded for suit le verified ? If so, "by whom f 

Under a recent law it is best to make out an itemized 
account, and verify it before a notary public or commissioner 
for Alabama ; for, by this means, if judgment is obtained by 
default, the account proves itself without the necessity of 
taking a deposition. 

2. Is suit usually legun ly attachment, or is attachment regarded as 
a provisional remedy ? 

Attachment is regarded as an extraordinary remedy, and 
bond in double the amount of the debt is always required be- 
fore it can issue. 

3. Jurisdiction of courts f 

Justices' coui'ts, $100 ; circuit courts, demands exceeding 

$100. 

J/.. Length of time required to oltain judgment where no defense is 
interposed ? 

If no defense made, judgment rendered at first term. 
Process must be served twenty days before court. 

5. Can judgments le entered during vacation of court f 

No. 

6. Can execution issue immediately after judgment ? 

Only upon cause shown. In other cases, ten to twenty 
days after adjournment of court. 

7. When must the sheriff return the execution? 

The return term of an execution is the term of the 
court next after its date — usually about five months. 

8. Can execution de stayed ? If so, how long ? 

Stays of from thirty to sixty days are allowed on jus- 
tices' judgments, but not on other judgments. By agreement 
of parties, all executions may be stayed. 

9. Are there any courts whose judgments can not he made liens on 
real estate ty docketing in proper county? 

No ; judgments of justices of peace are not liens, and 
judgments ot courts of record are only liens when execution 
in hands of sheriff. 



6 ALABAMA. 

10. Can a commission to talce testimony issue from a justice'' s court f 
Yes. 

11. Is tJie note of a married woman hinding? 

It is not binding upon her personally, but any property 
she may charge by contract may be subjected in equity. 
Her statutory separate estate may be bound for articles of 
comfort and necessity furnished the family. 

12. When do notes^ accounts^ and judgments outlaw f 

IS'otes, six years ; accounts, three years ; judgments, twen- 
ty years. 

13. Are judgment notes allowed ? 

No ; but parties may confess judgment by coming into 
open court to do so. 

IJf,. Can interest he charged on open accounts ? 
Yes ; from the time they become due. 

15. Can assignments le made preferring certain creditors f 

Yes ; unless it is fraudulent, or assigns all the property 
of the debtorj when a court of equity will declare it a gen- 
eral assignment for the benefit of all the creditors. 

16. Will am, assignment ty a debtor dissoUe an attachment previously 
issued ? 

No. 

17. Will the acceptance of a dividend discharge the debt f 

'No ; unless the creditor assents thereto, or the assign- 
ment stipulates that it shall be a discharge. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts? 

No. If every creditor but one should sign a release, 
the one refusing to sign could hold the debtor for the full 
amount. 

19. What a/re the exemption laws ? 

House and lot in incorporated city, or, in country, 160 
acres, not exceeding in value $2,000 ; also personalty, $1,000. 

so. Must chattel mortgages be fled f 
Must be recorded in probate court. 



ARIZONA. 

1. Should accounts forwarded for suit de verified ? If so, hy whomf 
Ko, it is of no use to verify accounts. 

S. Is suit usually degun hy attachment, or is attachment regarded as 
a provisional remedy ? 

An attachment is regarded as a provisional remedy, and 
is allowed only for specific causes. 

8. Jurisdiction of courts f 

District courts, upward of SlOO ; justices' courts, under 
$300. 

Jf. Length of time required to obtain judgment where no defense is 
interposed ? 

Twenty days, if served in tlie county; thirty days, if 
served in the district and out of the county ; forty days, if 
served elsewhere. 

5. Can judgments he entered during vacation of court? 
Yes. 

6. Can execution issue immediately after judgment ? 
Yes. 

7. When must the sheriff return the execution ? 
"Within sixty days. 

8. Can execution he stayed? If so, how long? 
Yes ; for such time as the court may order. 

9. Are there any courts whose judgments can not he made liens on 
real estate hy docketing in proper county ? 

lS"o. 



8 ARIZONA. 

10, Can a commission to take testimony issue from a justice's court f 
No. 

11. Is the note of a married woman binding? 

IN'ot unless given concerning her separate property. 

12, When do notes, accounts, and judgments outlaw ? 

JS^otes will outlaw in four years ; accounts, in two years ; 
and judgments, in five years. 

13. Are judgment notes allowed? 

JSTo. 

14, Can interest he charged on open accounts ? 
No. 

15. Can assignments le made preferring certain creditors f 
Have no assignment law here. 



16. Will an assignment ly a debtor dissolve an attachment previously 

~ f 

No. 



17. Will the acceptance of a dividend discharge the debt f 
No assignment law has yet been enacted. 

18. Will the consent of a majority of the creditors enable the debtor 
to get' a release from his debts? 

No. 

19. What are the exemption laws ? 

A homestead not exceeding in value $5,000 allowed the 
head of a family. Also, personal property to the value of 
several hundred dollars. 

20. Must chattel mortgages be filed? 
It is necessary that chattel mortgages be filed. 



ARKANSAS. 

1. Should accounts forwarded for suit he verified f If so^ ly whom ? 
Yerification before a notary public, commissioner of 

Arkansas, clerk of a court of record having a seal, makes a 
prima fade case. 

2. Is suit usually tegun ty attachment^ or is attachment regarded as 
a provisional remedy ? 

Can only be commenced by attachment upon taking 
the oath required as to insolvency, non-residence, conceal- 
ment of person or property, etc., and giving bond in double 
the amount of the claim. 

3. Jurisdiction of courts ? 

Justices of the peace, $300 ; circuit courts, on demands 
exceeding $100. Circuit court exclusive jurisdiction in mat- 
ters ex delicto^ and in matters involving title to realty. 

^. Length of time required to obtain judgment where no defense is 
interposed ? 

Before justice of peace, five days' notice on demands 
under $50 ; ten days, if over $50. In courts of record, ten 
days, if defendant is in county or adjoining county ; if in 
other county, twenty days' notice is required before com- 
mencement of term. 

5. Can judgments he entered during vacation of court ? 
Yes, by consent. 

6. Can execution issue immediately after judgment ? 

Ten days after judgment, but by proper representations 
the court may order an execution to issue at an earlier day. 

7. When must the sheriff return the execution f 
In sixty days. 

8. Can execution he stayed? If so, how long? 

Before a justice of the peace, three months from the 
date of the judgment. Before courts of record, three months 
from the issuance of any execution. 

9. Are there any courts whose judgments can not he made liens on 
real estate hy docketing in proper county f 

E'one. 



10 AEKANSAS. 

10. Can a commission to take testimony issue from a justice's court f 
Under our statutes a commission to take depositions is 

unnecessary. By serving the opposite party with written 
notice of time and place, the depositions can be taken before 
any officer authorized to administer an oath, having a seal. 

11. Is the note of a married woman linding f 

If it relates to her separate estate and separate business ; 
otherwise, not. 

12. When do notes, accounts, and judgments outlaw f 

■ Accounts, three years ; notes, five years ; justices' judg- 
ments, ^YQ years ; court of record judgments, ten years. 

13. Are judgment notes allowed ? 
They are not. 

IJf. Can interest de charged on open accounts ? 
Yes ; but it is within the discretion of the jury, on the 
facts in the case, whether it will be allowed. 

15. Can assignments de made preferring certain creditors f 

Yes; but the statute of assignment is incomplete and 
unsatisfactory, and, unless it is strictly complied with, the 
assignment will be void. 

16. Will an assignment hy a debtor dissolve an attachment previous- 
ly issued f 

^0 ; not if the attachment has been levied. 

17. Will the acceptance of a dividend discharge the dedt? 

If the compromise is carried through in good faith and 
no fraud is shown, yes. If there is not a compromise, a 
mere assignment will not discharge the debtor. , 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

]N'o; there must be a compromise entered into by all 
creditors. 



19. What are the exemption 

Unmarried man, $200 ; married man, $500, and home- 
stead, not exceeding $2,600 in cities and towns, in country 
160 acres. But, if homestead be no more than eighty acres 
in country or one quarter acre in town, its value is unlimited. 

20. Must chattel mortgages be filed? 

Yes. 



11 



CALIFORNIA. 

1. Should accounts forwarded for suit he verified ? If so, hy whom f 
E"o use verifying them. 

2. Is suit usually legun ty attachment, or is attachment regarded as 
a provisional remedy ? 

Provisional remedy. 

3. Jurisdiction of courts f 

Justices' court, where amount claimed is under $300; 
over $300, superior court. 

4. Length of time required to obtain judgment where no defense is 
interposed ? 

If uncontested, only a few days. 

5. Can judgments le entered during vacation of court? 
Yes ; by default. 

6. Can execution issue immediately after judgment ? 
Yes. 

7. When must the sheriff return the execution ? 
"Within fiixty days, at most. 

8. Can execution he stayed ? If so, how long f 
No law on the subject. 

9. Are there any courts whose judgments can not he made liens on 
real estate hy docJceting in proper county. 

10. Can a commission to take testimony issue from a justice'' s court? 
No. 

11. Is the note of a married woman hinding ? 
Yes. 

12. When do notes, accounts, and judgments outlaw ? 

Accounts, two years ; notes executed in California, four 
years ; other notes, two years ; judgments, five years. 



12 CALIFORmA. 

13. Are judgment notes allowed ? 

No. 

H. Can interest he charged on open accounts f 



15. Can assignments de made preferring certain creditors ? 

Under insolvent act it is void if made within thirty- 
days before filing petition by or against debtor. 



16. Will an assignment hy a debtor dissolve an attachment previously 
issued f 

All attachments made within one month next preced- 
ing the commencement of proceedings under insolvent act 
are dissolved by the assignment. 

17. Will the acceptance of a dividend discharge the debt ? 

Yes ; under the insolvent law it is probable that the ac- 
ceptance of the dividend would discharge the debt, although 
the insolvent act is silent on this subject, and the question 
will have to be adjudicated upon before it is finally settled. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

The insolvent act of 1880 is in many respects similar 
to the late United States bankrupt law, and any insolvent 
debtor who has resided six months in the State may avail 
himself of its provisions and be discharged from his debts, 
so far as he can be discharged by a State law. 

19. What are the exemption laws f 

A large number of articles ; in fact, almost everything 
necessary for housekeeping and earning a living. A home- 
stead of $5,000, if declaration of homestead is properly 
filed. 



deeds. 



20. Must chattel mortgages be filed f 

Must be recorded in office of county recorder, same as 



13 



COLORADO. 

1. Should accounts fonoarded for suit le verified f If so, ly tcJiomf 

It is not necessary to verify an account sent to this State 
for suit. It is, however, better that it should be verified, to 
enable parties here to make affidavit of the amount due, 
should attachment be necessary. 

2. Is suit usually legun ly attachment, or is attachment regarded as 
a provisional remedy ? 

Attachment is only a provisional remedy. Suit by at- 
tachment is not brought except by filing affidavit that certain 
causes for attachment exist, and by giving bond in double 
the amount of debt claimed. 

3. Jurisdiction of courts ? 

Justices' courts, $300 ; county courts, $2,000 ; district 
courts, unlimited. 

Jf,. Length of time required to obtain judgment where no defense is 
interposed f 

If defendant is served in the county in which suit is 
brought, ten days. If defendant is served out of county in 
which suit is brought, but in same judicial district, twenty 
days. In all other cases, forty days, if suit is for a money 
demand. 

5. Can judgments he entered during vacation of court? 

They can, when no defense is made, in a suit on a 
money demand, if a specific sum is demanded. 

6. Can execution issue immediately after judgment ? 

It can, unless stayed by order of court to enable parties 
to perfect appeal. 

7. When must the sheriff return the execution ? 

If it is sued from our district or county courts, in ninety 
days ; if from justice-of -peace courts, in thirty days. 

8. Can execution he stayed ? If so, how long ? 
Execution can only be stayed by taking appeal. 



14 COLOEADO. 

9. Are there any courts whose judgments can not he made liens on 
real estate J)y docJceting in proper county f 

None, except justices' courts. 

10. Can a commission to taTce testimony issue from a justice'' s court? 

It can, on application to the justice, and cause will be 
continued for time to take depositions. 

11. Is the note of a married woman binding ? 
It is as much so as that of a man. 

12. When do notes^ accounts, and judgments outlaw ? 
In six years after maturity, in all cases. 

IS. Are judgment notes allowed ? 

They are, if a warrant to some attorney is given, au- 
thorizing him to confess judgment upon the note. 

Uf. Can interest he charged on open accounts f 

It can, at ten per cent, per annum, after demand is 
made for settlement, and balance is stated. 

15. Can assignments he made preferring certain creditors f 
They may. 

16. Will an assignment hy a debtor dissolve an attachment previous- 
ly issued? 

It will not. 

17. Will the acceptance of a dividend discharge the debt f 
It will not. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts f 

ITot under the laws of this State. 

19. What are the exemption laws ? 

Homestead, $2,000 ; and specified articles of personalty. 

20. Must chattel mortgages he filed ? 

They must be recorded in the county where the property, 
or a greater portion thereof, is situated, and executed strictly 
according to requirements of the statute. 



15 



CONNECTICUT. 

i. Should accounts foricarded for suit he verified ? If so^ hy whom ? 
It is not necessary to verify the accounts. 

2. Is suit iisualhj legun iy attachment, or is attachment regarded as 
a provisional remedy f 

Begun by attachment. 

3. Jurisdiction of courts ? 

Justices, $100; common pleas, Hartford, New London, 
and Fairfield Counties, $500 ; in JS^ew Haven, $1,000 ; supe- 
perior, unlimited. 

4. Length of time required to obtain judgment where no defense is 
interposed f 

Summons served twelve days before term ; and, unless 
defended within the first three days of the term, judgment 
is had, unless defendant is non-resident. 

5. Can judgments le entered during vacation of court f 

6. Can execution issue immediately after judgment f 

Yes, except in judgment by default against defendant 
who is or lives out of the State, when bond of indemnity in 
double the amount of such judgment is first required. 

7. When must the sheriff return the execution? 
"Within sixty days. 

8. Can execution le stayed ? If so, how long ? 

In foreign attachment, if debt is due but not payable, 
execution is stayed until debt becomes payable. 

9. Are there any courts whose judgments can not le made liens on 
real estate by docketing in proper county f 

10. Can a commission to taJce testimony issue from a justice'' s court? 
No. 



16 CONNECTICUT. 

11. Is the note of a married woman "binding ? 

Yes, if married since Marcli 16, 1877 ; also, if any hus- 
band and wife, married prior to that date, have, during 
marriage since March 16, 1877, contracted in writing with 
each other for the mutual abandonment of all rights of either 
in the property of the other, and such contract has been 
placed on record. 

12. When do notes, accounts, and judgments outlaw? 

ITotes and accounts, six years ; judgments, unlimited. 

13. Are judgment notes allowed f 

1^0. 

14. Can interest be charged on open accounts ? 
Yes. 

15. Can assignments be made pre/erring certain creditors ? 

No. 

16. Will an assignment by a debtor dissolve an attachment premously 
issued ? 

Yes. 

17. Will the acceptance of a dividend discharge the debt? 

IS-o. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts. 

No ; there is no discharge under State insolvency laws 
except on payment of 70 per cent. 

19. What are the exemption laws ? 

Necessary household furniture, implements of debtor's 
trade, library, sewing-machine, and husband's interest in his 
wife's estate during the life of the wife, or of any child 
which is the issue of their marriage, unless the debt was con- 
tracted for support of wife or child ; and this apphes only 
where the marriage was prior to March 16, 1877. 

20. Must chattel mortgages be fled ? 
Chattel mortgages must be recorded. 



DISTRICT OF COLUMBIA. 

1. Should accounts forwarded for suit he verified f If so, hy wTiom ? 
It is unnecessary. In suits before supreme court, the 

declaration is veriiied ; before justices of the peace, the ac- 
count may be verified at any time before or at the triaL 

2. Is suit usually hegun hy attachment, or is attachment rega^rded as 
a provisional remedy ? 

Suits are rarely begun by attachment, because it can not 
be, except in three cases, viz. : 1st, debtor, non-resident ; 2d, 
resident, but conceals or withdraws himseK to evade ser- 
vice ; 3d, that he has removed, or is about to remove, his 
property, with intent to defeat demands. 

3. Jurisdiction of courts ? 

Justices of the peace have exclusive jurisdiction where 
amount does not exceed §50 ; and concurrent, where the 
amount is between §50 and §100. All suits above §100 must 
be brought before supreme court, and may be, when the 
amount is between §50 and §100. 

4. Length of time required to ohtain judgment where no defense is 
interposed ? 

Before justices of the peace, not to exceed fourteen 
days ; before supreme court, from twenty-five to sixty days. 

5. Can judgments he entered during vacation of court? 
IS^o ; they must be entered in open court. 

6. Can execution issue immediately after judgment? 

Before justices of the peace, six days must elapse after 
judgment before execution issues. In the supreme court, 
four days only are allowed. 

7. Whe7i must the sheriff return the execution ? 

The marshal, as to supreme court executions, and con- 
stables, as to justices of the peace executions, are required 
to make return in sixty days. 

8. Can execution he stayed.? If so, how long? 

Before supreme court, no; but before justices of the 
peace, yes ; as follows : Debt between §5 and §20, one month ; 
between §20 and §10, two months ; between §10 and §75, 
four months ; above §75, six months. Good security has to 
be given. 

9. Are there any courts whose judgments can not he made liens on 
real estate hy docketing in proper county ? 

Judgments of supreme court are Hens on real estate, 
those of justices of the peace are not. The latter may be 
made liens by a return of 7itdla bona, and then docketing in 
the supreme court, at an extra cost of §5. 
2 



18 DISTEICT OF COLUMBIA. 

10. Can a commission to take testimony issue from a justice'' s court? 
No ; they are not courts of record, and have no seal. 

But, it is thought, depositions taken under the Judiciary Act 
of 1Y89 might be used before them. This, however, is a 
mooted question. 

11. Is the note of a married woman Mnding ? 

IsTot unless it is given concerning her separate estate, 
and this must appear in the note and in the proof. 

12. Wlien do notes, accounts, and judgments outlaw ? 

Notes and accounts and judgments of justices of the 
peace, three years after due and payable. Judgments of 
supreme court, twelve years. 

13. Are judgment notes allowed? 
No, they are not in use. 

IJ/.. Can interest he charged on open accounts ? 

The usual practice has been to charge interest on open 
accounts after six months from the date of the last item. 
Of course, if goods are sold at thirty, sixty, or ninety days, 
and this appears in proof, interest is chargeable from the 
time when the debt becomes due and payable. 

15. Can assignments "be made preferring certain creditors ? 
Yes ; if honafide creditors. 

16. Will an assignment ly a debtor dissolve an attachment previous- 
ly issued ? 

No. 

17. Will the acceptance of a dividend discharge the debt ? 
That is a matter of convention between parties. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No ; any one may hold out. There is no insolvent law 
here. 

19. Wliat are the exemption laws? 

Furniture, $300 ; tools, $200 ; stock-in-trade, $200 ; pro- 
fessional library, etc., $300 ; family library, $400 ; fuel for 
three months ; one cow, one swine, one sheep, and one horse 
and wagon, if necessary to debtor's business. No home- 
stead exemption law here. 

20. Ifust chattel mortgages defied? 

They must be recorded within twenty days after exe- 
cution, otherwise they are void ; not voidable, but absolutely 
void. 



m 



19 



DAKOTA TERRITORY. 

1. SJiould accounts forwarded for suit he verifed ? If so, ly whom f 

No ; but the complaint, if tlie account is sued, should be 
verified, in order to obtain order for judgment from judge 
at chambers. 

S. Is suit usually degun ly attachment, or is attachment regarded as 
a provisional remedy ? 

Provisional remedy; code practice in many respects 
similar to J^ew York. 

3. Jurisdiction of courts ? 

Supreme court, usual appellate jurisdiction. Justices of 
the peace, over contracts where amount involved is $100 or 
under. 

Jf,. Length of time required to ohtain judgment where no defense is 
interposed 1 

Thirty days. 

5. Can judgments he entered during vacation of court f 
Yes, if no defense is made. 

6. Can execution issue immediately after judgment ? 

Yes, except where appeals are taken. In case of appeal, 
bond has to be given with sureties, who have to justify. 

7. "When must the sheriff return the execution ? 
Sixty days from time he receives it. 

8. Can execution he stayed? If so, how long? 

9. Are there any courts whose judgments can not le made liens on 
real estate hy docketing in proper county ? 

10. Can a commission to talce testimony issue from a justice'' a court ? 
Yes. 



20 DAKOTA TEREITORY. 

11. Is the note of a married woman Mnding f 
Yes, same as any person. 

12. When do notes, accounts, and judgments outlaw f 

l^otes and accounts, six years from last indorsement, or 
when due, or when account ended ; judgments run twenty 
years. 

13. Are judgment notes allowed f 
1^0. 

Up. Can interest de charged on open accounts ? 
Yes, from time of last item charged. 

15. Can assignments he made preferring certain creditors? 

-No. 



16. Will an assignment dy a deltor dissolve an attachment previous- 
ly issued? 

No. 



17. Will the acceptance of a dividend discharge the debt ? 
No. 



18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No ; all creditors must consent. 



19. What are the exemption laws f 

$1,500 worth of personal property, to be selected by debtor 
from anything he has, and 160 acres of land, to be occupied 
by debtor. 



20. Must chattel mortgages be filed f 
Yes, as against creditors. 



21 



DELAWARE. 

1. SJiould accounts foncarded for suit le 'cerijiedf If so, hy whom? 
^0. 



2. Is suit usually 'begun by attach7nent, or is attachment regarded as 
a provisional remedy f 

Suit is usually begun by summons. Attachment is regarded 
as a provisional remedy. 

3. Jurisdiction of courts? 

Justices' courts, $100 ; superior courts, unlimited in 
amount. 



4. Length of time required to obtain judgment where no defense is 
interposed ? 

Court sits semi-annually, in May and IN'ovember. If no 
defense is made, judgment is entered last day of the term to 
wbich suit is commenced. 



5. Can judgments be entered during vacation of court? 

Yes, on a bond or by confession, and, if required, by order 
of court. 

6. Can execution issue immediately after judgment ? 

Yes. 

7. When must the sheriff return the execution ? 
To next term of court. 



8. Can execution be stayed? If so, how long? 
Superior court judgments may be stayed six months ; 
justices', nine months, on security. 



22 DELAWARE. 

9. Are there any courts whose judgments can not he made liens on 
real estate ly docketing in proper county f 

ISTo. 

10. Can a commission to take testimony issue from a justice's court 1 

Yes. 

11. Is the note of a married woman "binding ? 
Yes ; upon her own estate. 

12. When do notes^ accounts^ and judgments outlaw f 
Accounts, three years; notes, six years; sealed instru- 
ments and judgments, twenty years. 

13. Are judgment notes allowed? 
Yes. 

H. Can interest le charged on open accounts ? 



15. Can assignments le made preferring certain creditors ? 

Yes. 

16. Will an assignment ly a debtor dissolve an attachment previously 
issued ? 

]^ot, if a levy or seizure has been made. 

17. Will the acceptance of a dividend discharge the debt ? 

ISTo. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts? 

No ; settlement with all will alone release debtor. 

19. What are the exemption laws ? 

$275. 

20. Must chattel mortgages be filed? 
They must be recorded. 



23 



FLORIDA. 

1. Should accounts forwarded for suit he verified ? If so, hy whom ? 
Not necessary. 



2. Is suit usually tegun T)y attachment, or is attachment regarded as 
a provisional remedy ? 

Provisional remedy, except in case of defendant being 
non-resident, etc. 



3. Jurisdiction of courts ? 

Circuit court, where value of property exceeds $100; 
justices of peace, where demand does not exceed $100. 



4. Length of time required to oltain judgment where no defense is 
interposed f 

Thirty days or less, under circumstances. 



5. Can judgments he entered during vacation of court f 
Yes. 

6. Can execution issue immediately after judgment ? 

Yes, under special order of the judge ; otherwise, in ten 
days after judgment. 

7. W/ien must the sheriff return the execution? 
When satisfied. 

8. Can execution he stayed ? If so, how long f 
Yes ; till next ensuing term of the court. 



9. Are there any courts whose judgments can not he made liens on 
■real estate hy docJceting in proper county f 

^0, 



24 FLOEIDA. 

10. Can a commission to taTce testimony issue from a justice'' s court? 

Yes. 

11. Is the note of a married woman linding ? 
'Eo ; unless husband joins. 

12. When do notes^ accounts^ and judgments outlaw? 

Accounts, four years ; notes, ^yq years ; judgments, 
twenty years. 

13. Are judgment notes allowed? 

ISTo. 

Uf,. Can interest de charged on open accounts ? 
Yes ; from time they become due. 

15. Can assignments le made preferring certain creditors ? 

Yes. 



16. Will an assignment "by a debtor dissolve an attachment previously 

issued ? 

ITo. 



17. Will the acceptance of a dividend discharge the debt? 
1^0 ; unless agreed to. 



18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts. 

No. 



19. What are the exemption laws ? 

Homestead, 160 acres of land in country ; one half acre 
in city ; $1,000 personalty. 

20. Must chattel mortgages be fled ? 

Yes. 



25 



GEORGIA. • 

1. Should accourds forwarded for suit de verified f If so, ty whom ? 

If within justice's court jurisdiction (not exceeding $100), 
the account should be sworn to before a commissioner of 
deeds for the State of Georgia. 

2. Is suit usually degun dy attachment, or is attachment regarded as 
a provisional remedy ? 

Suits are usually begun by petition or bill in equity. 
Attachments are ancillary, but may be issued before the 
petition is filed. 

3. Jurisdiction of courts? 

Justices' court, §100 ; superior court, unlimited ; city 
court, §3,000 ; federal court, unlimited. 

Jf,. Length of time required to obtain judgment where no defense is 
interposed ? 

Justices' courts, at first term, or within thirty days after 
summons. Other courts, judgment had at second term after 
suit begun. 

5. Can judgments le entered during vacation of court? 

6. Can execution issue immediately after judgment? 

It may be stayed sixty days by defendant giving bond 
and secm'ity to pay the debt within that time. 

7. When mu^t the sheriff return the execution ? 
When instructed by the plaintiff or his counsel. 

8. Can execution he stayed? If so, how long? 
Sixty days. 

9. Are there any courts whose judgments can not be made liens on 
real estate hy docTceting in proper county ? 



26 GEORGIA. 

10. Ccin a commission to taTce testimony issue from a justice'' s court ? 
Yes. 

11. Is the note of a manned waman linding ? 
Yes, if not to secure debt of husband. 

12. When do notes, accounts, and judgments outlaw f 

Accounts barred in four years ; notes, in six years. Judg- 
ments become dormant in seven years, but may be revived 
within three years thereafter^ 

13. Are judgment notes allowed? 

ISTo. 

IJf.. Can interest de charged on open accounts ? 
Yes. 

15. Can assignments de made preferring certain creditors ? 
Yes. 



16. Will an assignment 5y a debtor dissolve an attachment previous- 
ly issued? 

1^0. 



17. Will the acceptance of a dividend discharge the debt? 
ISTot, unless so stipulated. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No ; every creditor must consent. 

19. What are the exemption laws ? 

$1,600 in realty or personalty, or both. 

20. Must chattel mortgages be filed ? 
Should be filed and recorded. 



27 



IDAHO. 

1. Should accounts forwarded for suit le mrifled ? If so, ly wliom ? 
1^0 ; it being verified is no proof here. 

2. Is suit usually legun hy attachment, or is attachment regarded as 
a provisional remedy ? 

1^0 ; attacliment is a provisional remedy. 

S. Jurisdiction of courts f 

Justices' courts, $100 and under; probate courts, $500 
and under ; district courts, any amount. 

J^. Length of time required to odtain judgment where no defense is 
interposed ? 

If served in county, defendants have ten days to answer ; 
out of county and in judicial district, twenty days ; out of 
district, thirty days. 

5. Can judgments le entered during vacation of court? 
Yes ; by default in actions on contract. 

6. Can execution issue immediately after judgment f 
Immediately after judgment entered up. 

7. When must the shcrif return the execution? 
"Within sixty days. 

8. Can execution le stayed ? If so, how long ? 
By order of court. 

9. Are there any courts whose judgments can not le made liens on 
real estate ly doclceting in proper county. 

There are not. 

10. Can a commission to ta^e testimony issue from a justice'' s court? 
It can. 



28 IDAHO. 

11. Is the note of a married woman hinding ? 

• It is, on her separate property, which property must be 
kept separate. 

12. When do notes, accounts^ and judgments outlaw f 

Judgments, six years ; contracts in writing, such as notes, 
etc., 'Q.Ye years ; accounts, four years. 

13. Are judgment notes allowed ? 
Are not. 

14. Can interest he charged on open accounts f 

Open accounts do not draw interest until a balance is 
struck and agreed to. 

15. Can assignments he made pre/erring certain creditors f 
Can not. 



16. Will an assignment dy a debtor dissolve an attachment previously 
issued ? 

It will not. 



17. Will the acceptance of a dividend discharge the debt ? 

If debtor assigns all, he can get discharged by court under 
the insolvent laws of territory, except as to moneys received 
in a fiduciary capacity. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

To get discharged, must be by order of court. 

19. What are the exemption laws f 

Personal property to the value of $500 ; homestead of 
the value of $5,000. 

20. Must chattel mortgages be filed ? 
Yes ; except between the parties. 



29 



ILLINOIS. 

1. Should accounts forwarded for suit he mrijied ? If so^lywTiom? 

No verification, unless drawn specially to conform to 
Illinois statutes, would be of any use. 'Yerification is not 
necessary. It is advisable, however, if in proper form. 

2. Is suit usually hegun ly attachment^ or is attachment regarded as 
a provisional remedy ? 

"W"rits of attachment may be issued in aid of a suit, if the 
defendant be a non-resident, or be disposing, or about to dis- 
pose, of his property fraudulently. 

3. Jurisdiction of courts? 

Justices' courts, $200 ; circuit courts, unlimited. 

Length of time required to obtain judgment where no defense is 
ini^'f">^f>-'i^d, f 



If summons be served ten days before the first day of 
any term, judgment may be obtained, if not defended upon 
the third day of the term. 

5. Can judgments he entered during 'cacation of court ? 

6. Can execution issue immediately after judgment? 
Yes. 

7. 'When must the sheriff return the execution? 
Mnety days. 

8. Can execution he stayed? Ifso^ how long? 

9. Are there any courts whose judgments can not he made liens on 
real estate hy docketing in proper county ? 

Judgments in all courts, by proper docketing and issuing 
of executions, are Hens upon real estate in the county where 
judgment is recovered, but in other counties they become 
liens on specific real estate from the time of levy thereon. 



30 ILLINOIS. 

10. Can a commission to take testimony issue from a justice'' s court f 
Yes. 

11. Is the note of a married woman tinding ? 

Yes. 

\ 

12. Wlien do notes^ accounts^ and judgments outlaw ? 

I^otes, ten years ; accounts, ^yq years. Judgments in 
Illinois courts may be sued upon within twenty years ; judg- 
ments in foreign courts may be sued here within five years. 

13. Are judgment notes allowed f 
Yes. 

IJf. Can interest le charged on open accounts f 

1^0. 

15. Can assignments he made preferring certain creditors ? 

'Eo, 



16. Will an assignment ly a debtor dissohe an attachment previous- 
ly issued ? 

No. 



17. Will the acceptance of a dividend discharge the debt ? 

JSTo. 



IS. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts f 

ISTo ; there is no provision for release in this State. 



19. What are the exemption laws f 

$400 personal property to head of family; homestead 
to the value of $1,000. 

20. Must chattel mortgages be filed? 
They must be recorded. 



31 



INDIANA. 

1. STiOuld accounts foricarded for suit he verified ? ff so, "by whom ? 
Judgment can be taken on accounts verified where there 

is no defense. All accounts sent to Indiana for collection 
should be verified. It may be done before any person au- 
thorized to administer oaths, bj owner of account. 

2. Is suit usually degun hy attachment^ or is attachment regarded as 
a provisional remedy ? 

Suits are not usually begun by attachment. Attachment 
is an auxiliary proceeding, and may be commenced with the 
commencement of the suit. 

3. Jurisdiction of courts? 

Justices' courts, limited to $200 ; circuit courts and supe- 
rior courts, unlimited. 

Jf,. Length of time required to oltain judgment where no defence is 
interposed ? 

In circuit court, ten days ; in justices' court, three days. 

5. Can judgments le entered during vacation of court f 
No. 



6. Can execution issue immediately after judgment ? 

In circuit court, yes ; in justices' court, if an affidavit is 
made that delay will endanger collection of judgment, exe- 
cution issues immediately; otherwise, in ten days. 

7. When must the sheriff return the execution ? 
In one hundred and eighty days. 

8. Can execution de stayed? If so, how long? 

$6 and less, thirty days ; over §6 and up to $12, sixty 
days ; over $12 and up to $20, ninety days ; over $20 and up 
to $40, one hundred and twenty days ; over $40 and up to 
$100, one hundred and fifty days ; over $100, one hundred 
and eighty days. 



32 INDIANA. 

9. Are there any courts whose judgments can not he made liens on 
real estate by docJceting in proper county f 

No. 

10. Can a commission to talce testimony issue from a justice's court ? 
Yes. 

11. Is the note of a married woman hinding ? 

Generally not ; but, if given in business carried on by her 
in her own right and name, it is good, or if given in pay- 
ment for improvement of her separate property with intent 
to bind such property. 

12. When do notes, accounts, and judgments outlaw f 
Accounts, six years ; notes and judgments, twenty years. 

13. Are judgment notes allowed ? 

ISTo. 

llf,. Can interest he charged on open accounts f 

When payment, has been unreasonably withheld. 

15. Can assignments he made preferring certain creditors ? 
Under General Assignment Law, all creditors must share 

equally. 

16. Will an assignment hy a debtor dissolve an attachment previous- 
ly issued ? 

No. 

17. Will the acceptance of a dimdend discharge the deht? 

No. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No ; a release can not be obtained without the consent of 
all the creditors. 

19. What are the exemption laws ? 

$600 on contract made since June 1, 1880 ; $300 on con- 
tracts made prior to that time. 

SO. Must chattel mortgages he filed ? 

They must be recorded within ten days from their execu- 
tion, or they are void as to creditors. 



33 



IOWA. 

1. Should accounts forwarded for suit le verified f Ifso^ ly whom f 

Each account should be sworn to before a notary public 
having a seal. 

S. Is suit usually legun ly attachment^ or is attachment rega/rded as 
a provisional remedy f 

An attachment is a provisional remedy. 

S. Jurisdiction of courts ? 

Justices' court, $100 ; district and circuit, unlimited. 

4. Length of time required to obtain judgment where no defense is 
interposed f 

Ten days' service of notice of suit prior to second day of 
term, but, if served out of the county and in judicial district, 
fifteen days ; if out of the judicial district, twenty days. 

5. Can judgments le entered during 'vacation of court ? 
By confession, it can. 

6. Can execution issue immediately after judgment ? 
It can, unless judgment is stayed or appealed. 

7. When must the sheriff return the execution f 
"Within seventy days. 

8. Can execution le stayed f If so, how long f 

On all sums over $100, executions can be stayed six 
months ; on all sums under $100, three months. 

9. Are there any courts whose judgments can not le made liens on 
real estate ly docketing in proper county f 

There are not. 

10. Can a commission to talce testimony issue from a justice'' s court? 

E'o ; but from a circuit court to be used in a justice's 
court. 

3 



34 IOWA. 

11. Is the note of a married woman lindingf 

It is ; she may contract the same as an unmarried person. 

12. When do notes, accounts, and judgments outlaw ? 

!N"otes in ten years ; accounts in five years ; judgments in 
twenty years. 



13. Are judgment notes allowed ? 

Are not allowed, and of no value whatever over ordinary 



notes. 



1^. Can interest le charged on open accounts ? 

The law allows interest on open accounts at the rate of 
six per cent., commencing six months from the date of the 
last item of the account. 

15. Can assignments te made preferring certain creditors ? 
It can not. 

16. Will an assignment ty a debtor dissolve an attachment previously 

~ ? 

It will not dissolve an attachment previously levied. 

17. Will the acceptance of a dividend discharge the debt? 
It will not. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts? 

It will not. 

19. What are the exemption laws ? 

All household and kitchen furniture not exceeding $200 
in value ; a homestead, if a farm, not exceeding forty acres ; 
if in a town or city, not exceeding one haK-acre. No re- 
striction in value. 

so. Must chattel mortgages be fled? 

They must be filed and recorded with the county re- 
corder in the county in which the property is situated ; an 
unrecorded mortgage is only good between the immediate 
parties. 



35 



KANSAS. 

i. Should accounts forwa/rded for suit he verified ? J[f80^ hy whom ? 
No. 

S. Is suit usually heguri hy attachment^ or is attachment regarded as 
a provisional remedy f 

It is a provisional remedy. Suits are not usually begun 
by attachment. 

3. Jurisdiction of courts f 

Justices' courts, $300. District courts have unlimited 
jurisdiction. Judgment in the district court can be entered 
only while court is in session. Issues must be made up ten 
days before terms. 

4. Length of time required to ohtain judgment where no defense is 
interposed ? 

Judgment by default can be taken at any time after the 
answer day. The answer day must be twenty days from 
return day of summons. The summons must be made re- 
turnable in ten days. It may be made returnable in three 
days. 

5. Can judgments de entered during vacation of court? 
No. 

6. Can execution issue immediately after judgment f 
Yes. 

7. When must the sheriff return the execution ? 
Within sixty days from its issuing. 

8. Can execution he stayed ? If so, how long ? 

Before justices of the peace, for $20 and under, thirty 
days ; over $20, and not exceeding $50, sixty days ; over $50, 
and not exceeding $100, ninety days ; exceeding $100, one 
hundred and twenty days. 

9. Are there any courts lohose judgments can not he made liens on 
real estate hy docketing in proper county. 

No. 



36 KANSAS. 

10. Can a commission to take testimony issue from a justice'' s court f 

11. Is the note of a married woman linding ? 
Yes. 

IS. When do notes^ accounts^ and judgments outla/w f 

Notes, in five years after due, or after last payment on 
same ; accounts, in three years after due, or after last payment 
on same ; judgments, in five years after due, or after issuing 
of execution. 

13. Are judgment notes allowed? 

ISTo. 

IJ/,. Can interest 'be charged on open accounts f 
Yes ; seven per cent, per annum. 

15. Can assignments he made preferring certain creditors ? 

No. The statute says : " All the assignments for the bene- 



5ign] 
of a 



fit of creditors shall be for the benefit of all the creditors." 



16. Will an assignment hy a debtor dissolve an attachment previously 
? 



No. 

17. Will the acceptance of a dividend discharge the debt f 

No. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No. 

19. What are the exemption laws f 

Stock in trade, $400 ; furniture, farming tools, etc. ; in 
country, 160 acres land ; in city, one acre. 

W. Must chattel mortgages be filed f 

Yes ; but without fiKng they are nevertheless valid as 
between the mortgagor and mortgagee. Must be filed to 
make them valid against third parties. 



37 



KENTUCKY. 

1. Should accounts foriDardedfoj' suit le verified? If so^ ly whom? 

2. Is suit usually 'begun ty attachment^ or is attachment regarded as 
a provisional remedy ? 

Suit is usually begun by summons. Attachment is an 
extraordinary remedy, and can only issue upon proper affida- 
vit and execution of bond, and is considered provisional 
only. 

3. Jurisdiction of courts ? 

Justices' courts, $50 in all counties except Jefferson and 
a few others, where it is $100 ; quarterly courts, $100 ; cir- 
cuit and common pleas have unlimited original and general 
jurisdiction, except where given by statute to other courts. 

4. Length of time required to obtain judgment where no defense is 
interposed ? 

In justices' court, Rye to ten days ; quarterly court, same ; 
circuit court, ten days, if summons served that length of time 
before first day of the term ; common pleas, twenty-five to 
thirty-seven days from service of summons. 

5. Can judgments he entered during vacation of court ? 

JSTo. 

6. Can execution issue immediately after judgment ? 

It can, by order of court, based on affidavit showing 
danger of loss of benefit of the judgment, 

7. When must the sheriff return the execution ? 

In not less than thirty nor more than seventy days, ac- 
cording to what is known as " rule day." 

8. Can execution he stayed ? If so, how long ? 

Execution can be stayed for three months by giving bond, 
with good security, for debt, interest, and costs. 



38 KENTUCKY. 

9. Are there any courts whose judgments can not be made liens on 
real estate ly docketing in proper county ? 

Judgments are not liens. Executions are liens from the 
time they reach the officers' hands. 

10. Can a commission to taTce testimony issue from a justice'' s court ? 
It can, to take proof in cases pending in said court. 

11. Is the note of a married woman lindingf 

It is, when given for necessaries for herself and family, 
husband included, or when empowered by judgment of 
chancery court to act as 2,femme sole. 

12. When do notes., accounts., and judgments outlaw ? 

ISTotes, fifteen years; accounts between merchant and 
merchant, five years ; judgments, fifteen years ; accounts be- 
tween merchant and consumer, two years. Notes discounted 
in bank, and bills of exchange, five years. 

13. Are judgment notes allowed f 
No. 

llf,. Can interest le charged on open accounts ? 
Interest is only chargeable on open accounts when there 
is an agreement to that effect. 

15. Can assignments he made preferring certain creditors f 
No. 

16. Will an assignment ly a debtor dissolve an attachment previous- 
ly issued? 

Not where the writ of attachment has been levied. 

17. Will the acceptance of a dividend discharge the deht? 
No. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No. 

19. What are the exemption laws ? 

Specified articles to the amount of $300 to $500, libraries 
of professional men to the amount of $500, and $50 to all 
persons who work for wages ; and a homestead of the value 
of $1,000 to lonafide housekeeper with a family. 

20. Must chattel mortgages be filed? 

To be binding, they must be both filed and recorded. 



89 
LOUISIANA. 

1. Should aocounts foricarded for suit he verified ? Ifso^ hy whom ? 
No ; such verification serves no purpose whatever, and is 
totally unnecessary. 

3. Is suit usually degun hy attachment, or is attachment regarded as 
a provisional remedy ? 

Attachment issues only when defendant is a non-resident, 
or is about leaving the State before judgment can in ordinary 
course be had. When concealing himself to avoid citation, 
or mortgaging, assigning, or disposing of his property, or 
about to do so, to defraud his creditors. 

3. Jurisdiction of courts ? 

Justices' courts — parishes of New Orleans excepted — have 
exclusive jurisdiction up to $50, and concurrent with district 
court to $100, exclusive of interest. District courts have 
jurisdiction from $50. The supreme court of the State has 
appellate jurisdiction in all matters in dispute over $1,000, 
exclusive of interest. 

Jf. Length of time required to oltain judgment where no defense is 
interposed ? 

In justices' and city courts, default may be taken third 
day after citation, and final judgment third day thereafter. 
In district courts, defaults may be taken on the eleventh day 
after citation, and final judgment third day thereafter. Judg- 
ment confirming default rendered only on legal evidence, and 
during sittings of court. 

5. Can judgments "be entered during vacation of court ? 
Judgments can not be entered during vacation of court. 

6. Can execution issue immediately after judgment ? 

Yes, in justices' and city courts ; but appeal within three 
days stays execution in justices' court. In district courts, 
judgments are signed three days after rendition. Execution 
may then issue, but appeal within ten days stays execution. 

7. When must the sheriff return the execution ? 

In thirty days, if he seizes personal property ; seventy 
days, if he seizes real property. 

8. Can execution he stayed f If so, how long f 
No stay laws are known in this State. 

9. Are there any courts whose judgments can not he made liens on 
real estate hy docTceting in proper county ? 

A judgment recorded in any parish, in books of the re- 
corder of mortgages, becomes at once a mortgage on all 
debtor's real estate in such parish. 



40 LOUISIANA. 

10. Can a commission to take testimony issue from a justice'' s court? 
A commission can issue from a justice's court. 

11. Is tJie note of a married woman Mnding ? 

Only for her own separate use, and with the authorization 
of her husband ; or, if a public merchant, for purposes of her 
business, the laws in such case supplying the husband's au- 
thorization. The burden of proof of consideration is on the 
holder of a married woman's note. 

12. When do notes, accounts, and judgments outlaw? 

Open accounts, three years from respective items ; prom- 
issory notes, Rye years from maturity ; judgments, ten years 
from rendition ; stated accounts, ten years. 

13. Are judgment notes allowed ? 
Judgment notes are not allowed. 

14. Can interest de charged on open accounts ? 

Ail debts bear interest from the date of becoming due ; 
an open account bears interest from date when due. 

15. Can assignments he made preferring certain creditors ? 

16. Will an assignment dy a debtor dissolve an attachment previously 
issued ? 

We have no assignment laws. The respite or insolvency 
proceedings dissolves such writ. 

17. Will the acceptance of a dividend discharge the dedt ? 

ITot necessarily. In insolvency, under the State law, the 
debtor is discharged only on the assent of a majority of cred- 
itors in number and amount. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts. 

Yes. Consent expressed at a meeting of creditors, called 
under the State insolvent laws, of a majority of creditors both 
in number and amount. 



19. What are the exemption laws ? 

The State constitution exempts homesteads not exceeding 
160 acres, with certain articles of personalty not exceeding 
$2,000 total valuation, provided homestead is duly registered. 
The husband can not claim homestead if his wife has enjoy- 
ment of means amounting to $2,000. Certain other small 
articles of household effects are exempt from seizure. 

W. Must chattel mortgages be filed ? 
E'o chattel mortgages in this State. 



41 



MAINE. 

1. Should accounts forwarded for suit he 'oerified f If so^ hy whom ? 

]sro. 



2. Is suit usually 'begun by attachment^ or is attachment regarded as 
a provisional remedy f 

Usually by attachment, but not necessarily. 

3. Jurisdiction of courts ? 

Supreme court, above $20 ; except Cumberland and 
Kennebec counties, and, in tbose counties, above $500. Su- 
perior courts of Cumberland and Kennebec counties have 
jurisdiction in matters above $20 and under $500. 



Jf.. Length of time required to obtain judgment where no defense is 



Summons served fourteen days before court opens. Judg- 
ments by default entered last day of the term. 

5. Can judgments be entered during vacation of court f 

6. Can execution issue immediately after judgment ? 

No ; not until twenty-four hours after rendition of judg- 
ment. 

7. When must the sheriff return the execution f 
Within three months after it is issued. 

8. Can execution be stayed? If so, how long? 

1^0 ; except upon appeal, or petition for review. 

9. Are there any courts whose judgments can not be made liens on 
real estate by docketing in proper county ? 

All executions from superior and supreme courts can be 
enforced upon real estate in any county. 



42 MAINE. 

10. Can a commission to taJce testimony issue from a justice's court f 

ISTo. 

11. Is the note of a married woman binding f 
Yes. 

12. When do notes^ accounts^ and judgments outlaw ? 

l^otes and accounts, six years ; judgments, twenty years. 

13. Are judgment notes allowed? 
They are not. 

IJf,. Can interest be charged on open accounts ? 
From date of demand of payment only, 

15. Can assignments he made preferring certain creditors f 

Our insolvent law could be invoked to defeat such assign- 
ments. 

16. Will an assignment by a debtor dissolve an attachment previously 



No assignment will dissolve an attachment ; but a petition 
in insolvency will do so, unless more than four months have 
elapsed before petition is filed. 

17. Will the acceptance of a dividend discharge the debt f 

Yes. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts? 

1^0 consent is necessary to a discharge in insolvency, 
except in cases of composition, when the consent of the 
majority in number, and three fourths in amount of claims 
exceeding $50, is required. 

19. Wliat are the exemption laws f 

A large number of articles enumerated in statute ; home- 
stead, if duly claimed, of value of $500. 

20. Must chattel mortgages be fled f 

All chattel mortgages must be recorded in the office of 
the clerk of the city or town where the mortgagor resides. 



43 



MARYLAND. 

1. Should accounts forwarded for suit te verified ? If so, ly whom? 
Yes ; and affidavit may be made either before a commis- 
sioner of Maryland, or a notary public. 

2. Is suit usually legun "by attachment^ or is attachment regarded as 
a provisional remedy ? 

Attachments can only be issued (1) on judgments ; (2) 
against property of non-residents or absconding debtors ; (3) 
where fraud is charged against defendant, in which case 
plaintiff is required to give bond. 

3. Jurisdiction of courts ? 

Justices' courts, all claims not exceeding $100; circuit 
courts for counties, all claims exceeding §50 ; common-law 
courts of Baltimore city, claims exceeding §100. 

Jf,. Length of time required to oMain judgment where no defense is 
interposed ? 

Justices of the peace, a week or ten days ; circuit courts, 
from three to twelve months. In Baltimore city, judgments 
may be obtained on the second rule day after defendant 
summoned. The second Mondays of every month, except- 
ing August, are rule days. 

5. Can judgments le entered during vacation of court ? 
Yes, by consent. 

6. Can execution issue immediately after judgment f 
Executions upon judgments of justices of peace issue im- 
mediately. In circuit court, at the second term after defend- 
ant summoned, execution can not issue for another term. In 
Baltimore city, execution may issue immediately after judg- 
ment. 

7. When must the sheriff return the execution ? 

On the first day of the term succeeding the date of its 
issue. In the city, it may be made returnable to the rule day 
succeeding its issue. 

8. Can execution le stayed? If so, how long? 

A magistrate's judgment under $26.66, for six months ; 
a magistrate's judgment over $26.66, for twelve months; 
judgment of a court of law, for six months. 



U MAKYLAND. 

9. Are there any courts whose judgments can not le made liens on 
real estate dy docTceting in proper county? 

' No. 

10. Can a commission to taJce testimony issue from a justice'' s court? 

11. Is the note of a married woman Mnding? 

Not unless her husband joins in executing it. 

12. When do notes^ accounts, and judgments outlaw f 

Notes, not under seal, and open accounts, three years; 
sealed instruments and judgments, twelve years. 

13. Are judgment notes allowed f 

No. 

IJf,. Can interest he charged on open accounts f 
It can from the time the debt is due and demandable, un- 
less contrary to the established usage of the trade. 

15. Can assignments he made preferring certain creditors ? 

Yes, in payment of hona fide debts, unless, within sixty 
days from the time it is recorded, a petition be filed for or 
against the assignor under the new insolvent law, which de- 
clares that in such case all deeds are void which give any 
preferences other than those resulting from operation of law, 
and wages due employees not exceeding three months. 

16. Will an assignment hy a debtor dissolve an attachment previously 
' ? 

No. 

17. Will the acceptance of a dividend discharge the deht f 
Not unless release given by creditors. 

18. Will the consent of a majority of the creditors enahle the debtor 
to get a release from his debts? 

No. 

19. What are the exemption laws ? 

$100 of property, besides all wearing apparel, boots, and 
the tools of mechanics, except books or tools kept for sale. 
No real estate, unless a part of the $100 above mentioned. 

20. Must chattel mortgages he filed? 

Yes ; and also recorded with affidavit by mortgagee that 
consideration is true and honafide^ as therein set forth. 



45 



MASSACHUSETTS. 

1. Should accounts forwarded for suit be verified f If so, hy whom f 
No ; not the slightest use. 

S. Is suit usually hegun hy attachment, or is attachment regarded as 
a provisional remedy f 

It is always begun by attachment, except where there is 
nothing to attach, or the responsibility of defendant is un- 
doubted. 

3. Jurisdiction of courts ? 

Municipal Court, Boston, up to $1,000 ; municipal, dis- 
trict, and police courts, up to $300 ; superior court, any 
amount over $20 ; supreme judicial court, any amount over 

$1,000. 

Jf. Length of time required to obtain judgment where no defense is 
interposed ? 

Municipal and police courts, one month on the average. 
In higher courts, anywhere from forty days to five months. 

5. Can judgments be entered during vacation of court ? 

'Eoi except by agreement of parties, or express order of 
court. 

6. Can execution issue immediately after judgment ? 
Yes ; twenty-four hours after. 

7. When must the sheriff return the execution? 

As a general thing, within sixty days after it is issued. 

8. Can execution be stayed ? If so, how long ? 

ITot except in a few special cases, and then only on order 
of court. 

9. Are there any courts whose judgments can not be made liens on 
real estate by docketing in proper county. 

1^0 judgments of any court can be made a lien by record- 
ing. Levy on execution is necessary in all judgments. 



46 MASSACHUSETTS. 

10. Can a commission to taJce testimony issue from a justice'' s court? 

Yes. 

11. Is the note of a married woman "binding ? 
Yes ; unless given to her husband. 

12. When do notes^ accounts^ and judgments outlaw f 

ISTotes and accounts, in six years ; judgments, in twenty 
years. 

13. Are judgment notes allowed ? 

1^0. 

III,. Can interest de charged on open accounts ? 
Yes ; after demand, or from any date on which parties 
have agreed that it is to run. 

15. Can assignments he made preferring certain creditors f 

JSTo. 

16. Will an assignment ty a debtor dissolve an attachment previously 



JSTo ; nothing but a bond under the statute, or a petition 
in insolvency, will. 

17. Will the acceptance of a dividend discharge the debt ? 
Yes ; if debt is founded in contract. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

Yes ; a majority in number and value will, from all but 
debts contracted outside of the State; in those debts the 
consent of the particular creditor, or his acceptance of divi- 
dend, is necessary. 

19. What are the exemption laws ? 

Homestead to the value of $800, if acquired, conveyed, 
and recorded as such ; also, certain articles of personalty. 

20. Must chattel mortgages be fUedf 
Yes; and recorded. 



47 



MICHIGAN. 

1. Should accounU forwardeH for suit he verified? If so, hy whomf 

If tlie account is verified, it is prima facie evidence of the 
debt, if served with the process by which suit is commenced. 
A claimant living in another State should swear to the 
account before a commissioner for Michigan residing in such 
State ; the account should be itemized. 

2. Is suit usually legun lyy attachment, or is attachment regarded as 
a provisional remedy ? 

Suits can only be begun by attachment on filing afladavit 
showing some fraud on part of defendant, or his non-residence. 

3. Jurisdiction of courts ? 

Justices' courts, $300 ; circuit court, where demand ex- 
ceeds §100. 



J^. Length of time required to obtain judgment where no defense is 



in 



Summons must be served forty-five to sixty days before 
fiirst day of the term of court ; if no defense is made, judg- 
ment is entered at the opening of the term. 

5. Can judgments le entered during vacation of court? 
Judgments on confession may be entered in vacation. 

6. Can execution issue immediately after judgment? 

In justices' courts, in five days ; in circuit court, at once. 

7. When must the sheriff return the execution ? 

Executions are made returnable not less than sixty days 
from date of issue. If a levy has been made before the 
return day, the sheriff may retain the execution until he has 
completed the sale of the property levied on. 

8. Can execution le stayed? If so, how long? 
Justices' judgments, four to six months. 



48 MICHIGAN". 

9. Are there any courts wTiose judgments can not ie made liens on 
real estate hy docJceting in ^prajper county ? 

Judgments are not liens in this State ; no lien until exe- 
cution is issued or levied. 

10. Can a commission to taTce testimony issue from a justice's court f 

Yes. 

11. Is the note of a married woman Mnding ? 

^NTot unless given for the benefit of her separate estate. 

12. When do notes, accounts^ and judgments outlaw ? 

^otes and accounts, six years; justices' judgments, six 
years ; circuit judgments, ten years. 

13. Are judgment notes allowed? 

1^0 ; the warrant to confess judgment must be on a 
separate paper from the note or evidence of debt. 

IJf. Can interest ie charged on open accounts ? 
Yes. 

15. Can assign7nents te made preferring certain creditors f 

ISTo. 

16. Will an assignment 'by a deltor dissolve an attachment previously 
issued ? 

ISTo. 

17. Will the acceptance of a dividend discharge the delt ? 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

'No ; it requires consent of all creditors for full release. 

19. What are the exemption laws ? 

Homestead, $1,500, and large number of specified articles 
of personalty, usually of small value. 

W. Must chattel mortgages be filed ? 

The chattel mortgage, or a true copy, must be filed where 
the mortgagor resides ; if the mortgagor is a non-resident, 
then the mortgage, or copy, must be filed where the property 
covered by the mortgage is. 



49 



MINNESOTA. 

1. Should accounts foi'warded for suit he verified? If so, lywJiomf 
No, not necessarily. 

2. Is suit usually 'begun ly attachment^ or is attachment regarded as 
a provisional remedy f 

It is regarded as a provisional remedy. 

3. Jurisdiction of courts ? 

Justices' courts, $100 ; district courts, unlimited ; Muni- 
cipal Court, St. Paul, $200, and its process runs through the 
State. 

Jf. Length of time required to obtain judgment where no defense is 
interposed ? 

Twenty days, if the defendant does not answer. 

5. Can judgments be entered during vacation of court? 
Yes. 

6. Can execution issue immediately after judgment f 
Yes. 

7. Whenmust the sheriff return the execution? 
Sixty days after its receipt. 

8. Can execution be stayed? If so, how long? 
Yes; six months. 

9. Are there any courts whose judgments can not be made liens on 
real estate by docketing in proper county ? 

Ko ; but judgments of the justice courts and municipal 
courts must first be docketed in the district court of the 
county where rendered. 

10. Can a commission to talce testimony issue from a justice'' s court? 
Testimony can be taken on notice, without a commission. 

4 



50 MINNESOTA. 

11. Is the note of a married woman Mnding ? 

Yes, SO far as her separate estate is concerned. 



12. When do notes, accounts, and judgments outlaw ? 

]S"otes, accounts, and sealed instruments, in six years; 
judgments, in ten years. 

13. Are judgment notes allowed f 
No. 



IJf. Can interest de charged on open accounts f 
Yes. 



15. Can assignments de made preferring certain creditors f 
Employees can be preferred, to amount of three months' 

salary; also, taxes of State and United States; no other 

creditors can be. 



16. Will an assignment hy a debtor dissolve an attachment previously 

issued ? 

No. 



17. Will the acceptance of a dividend discharge the debt f 

No. 



18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No. 



19. What a/re the exemption laws ? 
Homestead, eighty acres in country ; one half -acre in towns 
of less than 5,000 inhabitants, and one city lot in cities of over 
5,000 inhabitants. Sundry articles of personalty. 



20. Must chattel mortgages be filed? 

Yes. 



51 



MISSISSIPPI. 

1. Should accounts forwarded for suit 1)6 verified ? If so, ly whom ? 
Accounts should always be verified before a justice of the 

peace or a commissioner for the State. A notary public will 
not do under our statute. 

2. Is suit usually 'begun hy attachment, or is attachment regarded as 
a provisional remedy f 

The remedy by attachment is purely statutory, and exists 
only in cases mentioned in the statute. It is an extraordinary 
process, only allowed in special cases. 

3. Jurisdiction of courts ? 

Justices', $150 ; circuit, exceeding $160. Where demand 
exceeds $500, it is generally desirable to sue in Federal 
courts, as judgments — if under $5,000 — are not appealable, 
and appeals in State courts are too easy. 

j^. Length of time required to obtain judgment where no defense is 
interposed ? 

Service must be had on defendant at least ^lyq days before 
the term. If no defense is made, judgment by default is 
entered at return term, which becomes final on last day of 
term. 

5. Can judgments be entered during vacation of court ? 

We have what is known as an " oflBce confession of judg- 
ment," which is made before the clerk in vacation, but which 
must be entered upon the records of the court at its next 
term. 

6. Can execution issue immediately after judgment f 

Yes, upon application to court, and showing that debt 
may be lost by waiting until end of term. 

7. When must the sheriff return the execution ? 

Sheriff has until next succeeding term to return executions. 

8. Can execution be stayed? If so, how long? 

Only in cases before justices' courts, and for sixty days, 
upon giving security. 



62 MISSISSIPPI. 

9. Are there any courts whose judgments can not he made liens on 
real estate dy doclceting in proper county ? 

l^one having civil jurisdiction. 

10. Can a commission to take testimony issue from a justice'' a court? 
Only in causes pending before him. 

11. Is the note of a married woman Mnding f 

It is not. The statutes of this State permit her to make 
certain contracts which bind her separate estate, but she can 
not be held upon her note. After November 1, 1880, can 
make any contract a man can make. 

12. When do notes, accounts, and judgments outlaw? 

I^Totes, and bills of exchange, six years ; contracts under 
seal, seven years ; accounts, whether open or stated, three 
years ; judgments, if enrolled, liens for seven years. 

13. Are judgment notes allowed ? 
No. 

IJf,. Can interest he charged on open accounts ? 

Yes. 

15. Can assignments he made preferring certain creditors ? 

Have no statute on the subject. Creditors' and debtors' 
rights remain as at common law. An assignment preferring 
creditors, if no benefit is reserved to debtor, and otherwise 
in good faith, would probably be sustained. 

16. Will an assignment hy a debtor dissolve an attachment previously 
issued ? 

It will not. 

17. Will the acceptance of a dividend discharge the deht f 
No ; not unless by express agreement. 

18. Will the' consent of a mc0ority of the creditors enahle the debtor 
to get a release from his debts. 

No. 

19. What are the exemption laws ? 

Sundry articles of personalty, not to exceed $250. If not 
householder or head of family, no exemption. Homestead 
not to exceed eighty acres, nor more than $2,000 in value. 

20. Must chattel mortgages he fled? 
Yes, and recorded. 



53 



MISSOURI. 

1. Should accounts forwarded for suit de verified f Ifso^ hy whom ? 

2. Is suit usually degun dy attachment^ or is attachment regarded as 
a provisional remedy f 

Suits are not usually begun by attacliment, as there must 
be certain facts justifying attachments, such as non-residence, 
fraud, or concealing of property, etc., etc. Unless these facts 
exist, no attachment can be obtained. 

3. Jurisdiction of courts f 

Justices' court, from $150 to §250, according to the county 
and the cause of action ; circuit courts, all demands exceeding 

$250. 

4' Length of time required to oltain judgment where no defense is 
interposed f 

In courts of record, judgment obtained, where there is no 
defense, by default, at return term. In justices' court, judg- 
ments obtained by default on return day. 

5. Can judgments le entered during vacation of court ? 

JN^o, except by consent, and such judgments are of doubt- 
ful vahdity. 

6. Can execution issue immediately after judgment ? 

Yes ; but in circuit court, application must be made. In 
justices' court, execution can be issued at once. 

7. When must the sheriff return the execution? 

At the next term ; but plaintiff may have it returned at 
the second term by making proper application. 

8. Can execution le stayed ? If so, how long f 

No stay provided by law, but the courts can order sheriff 
not to proceed, or can recall the execution for cause shown. 

9. Are there any courts whose judgments can not le made liens on 
real estate hy docketing in proper county? 

Judgments of courts of record are liens in county where 
filed. Judgments may be made Hens, when entered by courts 
having power to render judgments of a general nature, by 
filing transcripts. 



54 MISSOURI. 

10. Can a commission to take testimony issue from a justice'' s court f 
When causes are pending before a justice, the circuit court 

may grant an order to take testimony. 

11. Is the note of a married woman binding f 

'No ; except as an equitable charge or lien upon her 
separate estate. She can not make contracts so as to bind her- 
self personally. 

12. When do notes, accounts, and judgments outlaw f 

Notes, in ten years ; accounts, contracts, etc., ^yq years ; 
judgments, twenty. 

13. Are judgment notes allowed ? 

ISTo judgment notes ; but parties can confess judgment. 

i^' Can interest le charged on open accounts f 
Interest can be collected on accounts only after demand 
of payment, unless there is an agreement to pay it. 

15. Can assignments he made preferring certain creditors ? 
Assignment under State law must be for benefit of all 

creditors, and debtor may prefer a creditor by turning over 
to him or selling to him property in payment of, or to secure, 
a valid debt. 

16. Will an assignment ly a debtor dissolve an attachment previous- 
ly issued ? 

No. 

17. Will the acceptance of a dividend discharge the debt? 

No ; but if suit is brought, dividends must be credited to 
the assignor. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No. Any creditor can demand payment in full without 
regard to the action of other creditors. 

19. What are the exemption laws f 

About $400, considering all the personal property specially 
named, and general exemption. Also 160 acres of farm land, 
value of $1,500. In some cities a homestead of $3,000. 

20. Must chattel mortgages be filed? 

Yes ; they must be recorded, or the property must be 
delivered to the mortgagee. If neither is done, the mortgage 
is void as to third parties. 



55 



MONTANA. 

1. Should accounts forwarded for suit he mrified f If so, hy whom ? 
Not necessarily so, but it would be better. When verified, 

it should be done before a notary public, or clerk of some 
court of record using a seal. 

2. Is suit usually legun ly attachment, or is attachment regarded as 
a provisional remedy f 

It is optional with the plaintiff, in an action for debt. 
The usual method is by attachment. 

3. Jurisdiction of courts f 

Justices' courts, exceeding $100 ; the probate courts, not 
exceeding $500. The district courts have jurisdiction when 
the amount sued for exceeds $50. 

Length of time required to oitain judgment where no defense is 



When no defense is interposed, judgment by default can 
be taken at any time after the expiration of ten days after 
the service of summons on the defendant, if he is served in 
the county. 

5. Can judgments le entered during vacation of court? 

Yes, if no answer, demurrer, or motion of any kind is 
filed ; or, in other words, if the defendant makes no appear- 
ance, either general or special. 

6. Can execution issue immediately after judgment ? 
Yes. 

7. When must the sheriff return the execution? 

Executions are issued, returnable in not less than ten days, 
nor more than sixty days, at the option of the judgment 
creditor, and sheriff must return accordingly. 

8. Can execution le stayed ? If so, how long ? 

Only in case of appeal, and then until the appeal is heard ; 
and, in that case, to secure a stay of execution, security must 
be given. 



56 MONTANA. 

9. Are there any courts whose judgments can not he made liens on 
real estate hy docketing in proper county. 

The judgments of all our courts can be made liens on real 
estate by filing the necessary transcripts, and docketing in the 
proper manner. 

10. Can a commission to take testimony issue from a justice'' s court? 
Yes. 

11. Is the note of a married woman Hnding ? 

12. When do notes, accounts^ and judgments outlaw ? 

All contracts made since August 1, 1877, are outlawed as 
follows: Judgments, six years; promissory notes or other 
written instruments, in six years ; accounts, in two years. 

13. Are judgment notes allowed ? 
No. 

IJ},. Can interest le charged on open accounts ? 

In certain cases only. When an account has been ren- 
dered, and accepted as correct, or when there has been an 
unnecessary or vexatious delay. 

15. Can assignments le made preferring certain creditors ? 
Yes. 

16. Will an assignment ty a debtor dissolve an attachment previously 

issued f 

No. 

17. Will the acceptance of a dividend discharge the debt? 
No. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No. 

19. What are the exemption laws ? 

A homestead, not to exceed in value $2,500, and about 
$500 personal property. 

20. Must chattel mortgages be fled ? 
They must be filed and recorded. 



57 



NEBRASKA. 

1. Should accounts forwarded for suit ie verified ? If so, hy whom f 
Affidavit to an account is of no avail in this State. 

2. Is suit usually hegun hy attachment, or is attachment regarded as 
a provisional remedy ? 

In order to get attachment, judgment must have been 
recovered, or suit begun, at time of, or previous to, attach- 
ment, as a basis for the same. 

3. Jurisdiction of courts? 

Justices' court, $100 ; county court, $500 ; district court, 
unlimited. 

Jf. Length of time required to obtain judgment where no defense is 
interposed ? 

In justices', three days ; county court, the answer day is 
first Monday of each month ; judgment may be had on next 
day. Ten days' notice must be given. District court, five 
weeks. 

5. Can judgments le entered during vacation of court ? 

ISTo. 

6. Can execution issue immediately after judgment ? 
Yes. 

7. When must the sheriff return the execution f 

In district court, sixty days ; in county court, thirty days ; 
in justices' court, thirty. 

8. Can execution he stayed f If so, how long? 

Executions in ISTebraska can be stayed as follows : judg- 
ments under $50, three months ; under $100, and over $50, 
six months ; over $100, nine months. 

9. Are there any courts whose judgments can not he made liens on 
real estate hy doclceting in proper county? 



58 NEBRASKA. 

10. Can a commission to take testimony issue from a justice'' s court? 

JSTo. 

11. Is the note of a married woman binding? 

Yes, if made with reference to and upon the faith and 
credit of her own separate property, though this fact need 
not be so stated. 

12. When do notes, accounts, and judgments outlaw? 

Notes, ioLve years ; accounts, four years ; judgments, Rve 
years. 

13. Are judgment notes allowed? 
No. 

IJj.. Can interest he charged on open accounts ? 

Under our statute no interest can be charged on open 
accounts until six months after date of last item. Few buyers 
know this. 

15. Can assignments he made preferring certain creditors ? 

No. 

16. Will an assignment hy a debtor dissolve an attachment previously 
'd? 

No ; if attachment has been both issued and levied. 

17. Will the acceptance of a dividend discharge the debt ? 
No ; unless accepted with that understanding. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts? 

No. 

19. What are the exemption laws ? 

Homestead, $2,000; $500 personalty. Also, specified 
articles of personalty. 

20. Must chattel mortgages be filed? 

Yes ; to bind third parties without notice. ' In five years 
after filing they cease to be valid as against creditors and 
purchasers. 



59 



NEW BRUNSWICK. 

1. Should accounts forwarded for suit le verified f If so, hy whom, f 
It is -Qniiecessary to attest an account in order to put it in 
suit unless arrest is desired. 

S. Is suit usually legun ly attachment^ or is attachment regarded as 
a provisional remedy ? 

Suit is instituted by the issue of a summons. The Attach- 
ment and Garnishee Acts are repealed, and in their stead 
very strict disclosure acts have been enacted. 

3. Jurisdiction of courts ? 

Justices' courts have jurisdiction on claims amounting to 
$20 ; county courts, from $20 to $200 ; supreme court, over 
$200. 

Jt. Length of time required to obtain judgment where tig defense is 
interposed ? 

In county court, if defendant fails to defend, final judg- 
ment is obtained in thirty days ; in supreme court, judgment 
can be obtained in forty days from filing of declaration. 

5. Can judgments he entered during vacation of court f 
Judgments can be entered at any time. 

6. Can execution issue immediately after judgment f 
Yes. 

7. When must the sheriff return the execution ? 

The sheriff must return the process on return days, unless 
he has levied. 

8. Can execution le stayed? If so, how long? 

After judgment, defendant can not stay execution, unless 
he moves in arrest of judgment. 

9. Are there any courts whose judgments can not le made liens on 
real estate ly docJceting in proper county ? 

Only judgments entered in the county court and supreme 
court can be made liens upon real estate. 



60 NEW BRUNSWICK. 

10. Can a commission to take testimony issue from a justice'' s court? 
Commission can issue only from the county and supreme 

courts, they being courts of record. 

11. Is the note of a married woman Mnding ? 

]^o; not in law, but in equity suit can be instituted 
against her separate estate. 

12. When do notes^ accounts^ and judgments outlaw? 

Bills and notes, six years ; or from the last payment made 
on account; accounts, in six years from contraction or last 
payment. Judgments will outlaw in fifteen years. 

13. Are judgment notes allowed? 

Judgment notes are not allowed, but a memorial of judg- 
ment can be filed in register's office, and it binds land for 
five years, which can then be renewed. 

IJi,. Can interest he charged on open accounts ? 
Interest can not be charged unless there is an agreement 
between the parties to that effect. 

15. Can assignments de made preferring certain creditors ? 

A mortgage for good consideration can be made before 
arrest, or, in case of summons, before issue of execution. 

16. Will an assignment ly a debtor dissolve an attachment previously 
issued ? 

The Attachment and the Insolvent Laws have been 
repealed. 

17. Will the acceptance of a dividend discharge the debt ? 
J^o ; unless, perhaps, under a composition. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts. 

ISTo creditor's claim can be discharged except with his 
consent. 

19. What are the exemption laws ? 

No real estate exemption ; personal property to the value 
of $100. 

20. Must chattel mortgages be fled ? 
Yes. 



61 



NEW HAMPSHIRE. 

1. Should accounts forwarded for suit l)e verified f Ifso^ hy whom f 
It is not necessary. 

2. Is suit usually begun hy attachment^ or is attachment regarded as 
a provisional remedy f 

Suit begun by attachment. 

8. Jurisdiction of courts ? 

Justices' court, §13.33 ; supreme courtj unlimited. 

Jf. Length of time required to oltain judgment where no defense is 
interposed f 

If no appearance, default is taken at end of fourth day of 
term ; if appearance is made, probably a year. 

5. Can judgments he entered during vacation of court? 

Yes. 

6. Can execution issue immediately after judgment ? 
ISTo ; after adjournment of court. 

7. When must the sheriff return the execution ? 
At the next term of court. 

8. Can execution he stayed? If so^ how long? 
Yes, for a reasonable time for good cause. 

9. Are there any courts whose judgments can not he made liens on 
real estate hy docketing in proper county ? 



10. Can a commission to take testimony issue from aju^tice'^s court ? 

¥o. 



62 NEW HAMPSHIRE. 

11. Is the note of a married woman hinding ? 

Yes ; if it is her own contract, in relation to her own 
property, but not as surety for husband. 



12. When do notes, accounts, and judgments outlaw f 

!N'otes and accounts, six years ; judgments, twenty years ; 
mortgage notes, twenty years. 

13. Are judgment notes allowed P 
IsTo. 



Ij^.. Can interest le charged on open accounts f 
Yes, after demand. 

15. Can assignments ie made preferring certain creditors f 
Yes ; under certain conditions. 



16. Will am^ assignment ly a debtor dissolve an attachment previously 

■ed f 

No. 



17. Will the acceptance of a dividend discharge the debt ? 



18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No. 



19. What are the exemption laws? 

Tools, furniture, etc., and $500 homestead. 

20. Must chattel mortgages be filed ? 
They must be recorded. 



63 



NEW JERSEY. 

1. Should accounts fonoarded for suit he verified? If so, ly whom? 
It is better that the account be verified, either before a 

commissioner for New Jersey, or before a notary public, who 
should recite in his certificate that he is such notary, and his 
official designation must be annexed to his signature, and 
attested under his official seal. 

2. Is suit usually degun ty attachment, or is attachment rega/rded as 
a provisional remedy ? 

Attachment only issues when the debtor absconds, or is a 
non-resident. 

3. Jurisdiction of courts? 

Justices' courts have exclusive jurisdiction to the sum of 
$100 ; concm-rent jurisdiction with circuit courts to the sum 
of §200; circuit courts, from $100 upward; and supreme 
court, from $200 upward. 

4 Length of time required to oltain judgment where no defense is 
interposed ? 

Judgment in justices' court by default in ^yq days ; in 
circuit or supreme courts, thirty-three days. 

5. Can judgments ie entered during vacation of court? 
Yes. 

6. Can execution issue immediately after judgment ? 
Yes. 

7. When must the sheriff return the execution ? 

Execution may be returned in term time or vacation, but 
real estate can not be advertised until after execution has been 
in sheriff's hands two months. 

8. Can execution he stayed ? If so, how long ? 

Yes ; in justices' court, by giving freehold security. If 
the judgment be over $5, and not more than $15, for one 
month ; if over $15, and not over $60, for three months ; and 
if over $60, for six months. 



64 NEW JEKSEY. 

9. Are there any courts whose judgments can not ie made liens on 
real estate "by docketing in proper county f 

No. 

10. Can a commission to taTce testimony issue from a justice'' s court ? 
Yes. 

11. Is the note of a married woman dinding ? 

A married woman may bind herseK to the same extent as 
if slie were single, provided such married woman shall not 
become an accommodation endorser, guarantor, or surety; 
nor shall she be liable on any promise to pay the debt, or 
answer for the default or liability of any other person. 

12. When do notes, accounts, and judgments outlaw f 

ITotes and accounts, six years ; judgments, twenty years. 

13. Are judgment notes allowed f 

No. 

IJf.. Can interest de charged on open accounts ? 

No. 

15. Can assignments de made preferring certain creditors f 

No. 

16. Will an assignment hy a deltor dissolve an attachment previously 

issued f 

No. 

17. Will the acceptance of a dividend discharge the debt ? 

Yes. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts f 

No. 

19. What are the exemption laws? 

Goods and chattels of every kind not exceeding in value 
$200, and all wearing apparel, the property of any debtor 
having a family residing in this State, shall be exempt from 
sale under execution. 

W. Mu^st chattel mortgages be filed f 

Yes ; and within thirty days next preceding expiration of 
one year from the fihng a copy thereof must be again filed, 
with a statement, under mortgagee's oath, showing his inter- 
est in the property. This must be repeated every year. 



65 



NEVADA. 



1. Should accounts forwarded for suit le verified ? If so^ ly whom f 

!N^ot unless an attachment suit is commenced ; then by 
the creditor, or some one who knows the debt is true. 



S. Is suit usually legun ly attachment^ or is attachment regarded as 
a provisional remedy ? 

Suit may be commenced either way, but usually by attach- 
ing, if there are other debts. It is a provisional remedy. 



3. Jurisdiction of courts? 

Justices' courts, all civil actions for $300 or less ; and dis- 
trict courts, in all other cases. 

Jf,. Length of time required to obtain judgment where no defense is 
interposed ? 

Ten days, if sued in the county ; twenty days, if sued in 
the State, and not in the county ; all other cases, forty days. 

5. Can judgments he entered during vacation of court ? 

Yes ; if it is ordered by the court, or if time has expired. 

6. Can execution issue immediately after judgment ? 
Yes. 

7. When must the sheriff return the execution ? 
Should make return as soon as the levy is made. 

8. Can execution le stayed f If so, how long ? 

Yes ; for any reasonable time agreed to by and between 
the interested parties. 

* 9. Are there any courts whose judgments can not he made liens on 
real estate hy docTceting in proper county ? 

ISTo. 

5 



ee NEVADA. 

10. Can a commission to take testimony issue from a justice'' s court? 

Yes. 

11. Is the note of a married woman "binding ? 

Yes, if she has separate property, and has so filed it in the 
recorder's office, it would be liable for her note. 

12. When do notes^ accounts^ and judgments outlaw? 

ISTotes, four years ; accounts, two years ; and judgments, 
^YQ years. 

13. Are judgment notes allowed? 
Yes. 

14* Can interest he charged on open accounts ? 

JSTo. 

15. Can assignments le made preferring certain creditors ? 

No. 

16. Will an assignment hy a debtor dissolve an attachment previously 

issued ? 

Not unless bankruptcy follows. 

17. Will the acceptance of a dividend discharge the debt ? 
It may. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts. 

Under the Insolvency Law, a discharge from all debts, 
except those contracted in a fiduciary capacity, may be 
granted without respect to the consent of the creditors. 
The United States Constitution, however, would restrict 
that discharge to debts due residents of the State, and debts 
due creditors joining in the proceedings, by accepting a divi- 
dend, or otherwise. 

19. What a/re the exemption laws ? 

$500, and various articles of personalty, and homestead, 
if recorded as such. 

20. Must chattel mortgages be fled ? 

Yes ; and possession of property taken ; otherwise, it is 
not valid. 



67 



NEW MEXICO. 

1. Should accounts forwarded for suit he verified ? If so, iy whom ? 
If the account is properly verified, defendant must deny 

its correctness under oath ; consequently, it is always deemed 
advisable to send the accounts verified. 

2. Is suit usually begun ty attachment, or is attachment regarded as 
a provisional remedy ? 

Only as provisional remedy. 

3. Jurisdiction of courts ? 

District court has common law and chancery jurisdiction ; 
justice's court, up to $100. 

J^. Length of time required to obtain judgment where no defense is 



After proper service, judgment can be obtained in court 
when account is proven. 

5. Can judgments be entered during vacation of court ? 
No. 

6. Can execution issue immediately after judgment f 
Yes. 

7. When must the sheriff return the execution? 
Within sixty days from receipt. 

8. Can execution be stayed ? If so, how long ? 
1^0 statute on the point. 

9. Are there any courts whose judgments can not be made liens on 
real estate by docJceting in proper county ? 

Judgment before a justice of the peace can not create liens. 



68 NEW MEXICO. 

10. Can a commission to take testimony issue from a justice'' s court? 

11. Is the note of a married woman binding ? 
!No ; except she acts as husband's agent. 

12. When do notes, accounts, and judgments outlaw ? 

Actions mnst be brought on judgments of courts of record 
within fifteen years ; on bonds, promissory notes, bills of ex- 
change, six years ; accounts, four years. 

13. Are judgment notes allowed ? 

JSTo. 

IJf. Can interest he charged on oi^n accounts f 
Six per cent, after six months from the date of the last 
item. 

15. Can assignments he made preferring certain creditors ? 
The common law prevails. 

. 16. Will an assignment hy a debtor dissolve an attachment previously 
issued ? 

No. 

17. Will the acceptance of a dividend discharge the debt ? 
[N'o law on this subject. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

'Eo law ; common law prevails. 

19. What are the exemption laws f 

To married man, homestead to the value of $1,000 ; also, 
a specified number of articles of personalty. 

20. Must chattel mortgages be filed? 

Yes, if the mortgagor remains in possession of the mort- 
gaged property. 



69 



NEW YORK. 

1. Should accounts forwarded for suit le verified ? Ifso^ ly whom ? 
It is unnecessary to verify accounts sent for suit. 

2. Is suit usually hegun hy attachment^ or is attachment regarded as 
a provisional remedy ? 

Attachment is a provisional remedy, granted only in cer- 
tain cases specified by statute. 

3. Jurisdiction of courts ? 

Supreme court has unlimited jurisdiction; justice's court, 
$200 and under. 

4 Length of time required to ohtain judgment where no defense is 
interposed f 

Twenty days after service of summons in courts of record. 
Ordinarily, about a week in justice's court. 

5. Can judgments he entered during vacation of court f 

Money judgments on contract can be entered at any time 
without application to the court. 

6. Can execution issue immediately of ter judgment f 

Yes ; unless stayed by appeal, or order of court. If stayed 
on appeal, the appellant must give a bond. 

7. When must the sheriff return the execution f 

Execution must be returned within sixty days. If not, 
the sheriff can be compelled to return it. 

8. Can execution he stayed? If so, how long? 
There are no " stay laws " in this State. 

9. Are there any courts whose judgments can not le made liens on 
real estate 5?/ docketing in proper county? 

Iso. 

10. Can a commission to take testimony issue from a justice'' s court ? 
Yes. 

11. Is the note of a married woman "binding? 

In three cases only : when it relates to or is made for the 
benefit of her separate estate ; when created in her own trade 
or business ; when the note expressly charges her separate 
estate. 



70 NEW YOEK. 

12. When do notes, accounts, and judgments outlaw ? 

IS'otes and accounts will outlaw in six years. A judgment 
will outlaw in twenty years, but it is a lien on real estate for 
only ten. 

13. Are judgment notes allowed? 
No. 

i4« Oan interest he charged on open accounts f 

Interest is chargeable from the time the account is due. 

15. Can assignments le made preferring certain creditors ? 
Yes. 

16. Will an assignment hy a debtor dissolve an attachment previously 
issued ? 

]S^o. 

17. Will the acceptance of a dividend discha/rge the debt f 

Not under an assignment for the benefit of creditors. 
Under the Insolvent Law, or " Two-thirds Act," it will. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts? 

Under the " Two-thirds Act," if two-thirds of the credit- 
ors, residing within the United States, unite in a petition for 
the insolvent's discharge, he may obtain a discharge from all 
debts due residents of the State, or due the petitioning cred- 
itors, or due creditors accepting a dividend under the pro- 
ceedings. 

19. What are the exemption laics ? 

If the judgment debtor is a householder, or has a family 
for which he provides, necessary household furniture, work- 
ing-tools and team, professional instruments, furniture and 
library, not exceeding $250 in value, and food for the team 
for ninety days, and also various household articles specified 
in the statute, are exempt, except in actions for the purchase 
price thereof. Homestead, $1,000, if occupied by house- 
holder with family, and recorded as such. 

SO. Must chattel mortgages be fled ? 

Yes, and a statement showing amount due must be filed 
each year. 



71 



NORTH CAROLINA. 

1. Should accounts forwarded for suit le verifed? Ifso^ hy whomf 
!N"o ; the verification is not evidence if the account be dis- 
puted, and amounts to nothing. 

S. Is suit usually ieguii hy attachment^ or is attachment regarded as 
a provisional remedy f 

Attachment is a provisional remedy, and will lie where 
defendant is non-resident, etc. 

3. Jurisdiction of courts? 

Justice's court, up to $200 principal ; if principal and in- 
terest exceed $200, judgment can be given by justice; if 
demand of principal exceeds $200, superior court has juris- 
diction. 

Jf. Length of time required to ohtain judgment where no defense is 
interposed ? 

In justice's court, summons can be returned instanter, and 
judgment had ; in superior court, summons must be served 
ten days before court 0]3ens. If not defended, judgment can 
be had during the term. 

5. Can judgments 'be entered during vacation of court? 
Judgments by confession may. 

6. Can execution issue immediately after judgment ? 

1^0 ; unless the judge so order ; but, as a matter of right, 
immediately after term closes. Executions may issue at once 
on justice's judgment, unless the same be stayed by bond. 

7. When must tlie sheriff return the execution ? 

At the next following return term of the court. He can 
return it before that time, however, if he desires. 

8. Can execution le stayed ? If so, how long ? 

Judgments in superior court, only on appeal. Justice's, 
$25 and under, one month ; $25, and not exceeding $50, three 
months ; $50, and not exceeding $100, four months ; exceed* 
ing $100, six months. 



72 NORTH CAROLINA. 

9. Are there any courts whose judgments can not he made liens on 
real estate hy docketing in proper county f 

'Eo. 

10. Can a commission to talce testimony issue from a justice'' s court ? 
ISTo. If party wishes commission to take deposition, etc., 

for use in justice's court, he must apply to superior court 
clerk for it. 

11. Is the note of a married woman dinding f 

]^[o, unless given by consent of husband, or unless declared 
a free trader. 

12. When do notes, accounts, and judgments outlaio ? 

E^otes, three years — not under seal ; notes, under seal, ten 
years as against principal, three years as against sureties; 
accounts, three years ; judgments, ten years. 

13. Are judgment notes allowed? 

14. Can interest he charged on open accounts ? 
Yes, from time when due. 

15. Can assignments he made preferring certain creditors ? 

Yes. 

16. Will an assignment hj a debtor dissolve an attachment previously 

issued f 

JSTo. 

17. Will the acceptance of a dividend discharge the debt ? 
Only 2^'^o tanto. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts f 

No ; all must consent. 

19. What are the exemption laws ? 

$500 personalty ; $1,000 real estate. 

20. Must chattel mortgages be filed? 

Yes, and recorded in register of deeds' ofBce. 



73 



NOVA SCOTIA. 

1, Should accounts forwarded for suit Ic verified ? Ifso^ ly whom ? 
It is useless to verify accounts or claims for suit. 

2, Is suit usually degun hy attachment, or is attachment regarded as 
a provisional remedy ? 

Suits can not be begun by attachment, which is only a 
provisional remedy. 

3, Jurisdiction of courts ? 

The supreme court of the Province has concurrent juris- 
diction with the county courts in actions ex contractu, where 
the debt or damages claimed amount to $80, and do not ex- 
ceed $400, and exclusive jurisdiction for amounts beyond 
$400. 

Jf,. Length of time required to oltain judgment where no defense is 
interposed ? 

Judgment in fourteen days after service, when defendant 
resides in same county where writ is issued ; in twenty-four 
days, when issued in another county; thirty-four days, if 
defendant resides in Cape Breton, and writ issued elsewhere. 

5. Can judgments be entered during vacation of court ? 
Yes. 

6. Can execution issue immediately after judgment ? 
Yes. 

7. When mv^t the sheriff return the execution? 

The sheriff is not obliged to return executions until the 
expiration of sixty days from their date of issue. 

8. Can execution he stayed ? If so, how long ? 

It may be stayed indefinitely, but only by instructions to 
the sheriff from the judgment creditor, or by special applica- 
tion of the debtor to a judge, upon affidavit showing sufficient 
grounds therefor. 

9. Are there any courts whose judgments can not he made liens on 
real estate by docTceting in proper county ? 

The only courts in which actions for the recovery of debts 
lie in which the judgments can not be recorded to bind real 
estate, are the magistrates' courts, embracing also the city and 
municipal courts. 



74: NOVA SCOTIA. 

10. Can a commission to take testimony issue from a justice's court f 
No. 

11. Is the note of a married woman Mnding ? 
No. 

12. When do notes, accounts, and judgments outlaw ? 

Notes and accounts, upon the expiration of six years after 
they become due ; and judgments, upon the expiration of 
twenty years after their date. 

13. Are judgment notes allowed ? 

No ; but a warrant to confess judgment may be taken 
with note, upon which judgment may be entered at any time. 

IJ].. Can interest he charged on open accounts ? 

No; except by agreement, or an established course of 
dealing, in which it has been paid or acknowledged by the 
debtor. 

15. Can assignments de made preferring certain creditors ? 
Yes. 

16. Will an assignment ly a debtor dissolve an attachment previous- 
ly issued ? 

No. 

17. Will the acceptance of a dividend discharge the debt ? 

Not in itself ; but the acceptance of a dividend may dis- 
charge a debt in cases where it is specifically agreed that it 
shall operate in that way, and where the creditors are treated 
alike. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No. 

19. What are the exemption laws ? . 

The necessary wearing apparel and bedding of the debtor 
and his family, the tools or implements of his trade or calling, 
one stove, and his last cow. No real estate. 

W. Must chattel mortgages be filed f 

They must be filed in the office of the registrar of deeds 
to operate as against third parties. 



75 



OHIO. 

1. Should accounts forwarded for suit he verified ? If so, iy whom f 



S. Is suit usually begun hy attachment, or is attachment regarded as 
a provisional remedy f 

Attachment is a provisional remedy. 



3. Jurisdiction of courts? 

Justices of the peace, original jurisdiction, $100 ; and 
concurrent jurisdiction with the court of common pleas in 
any sum over $100, and not exceeding $300. 



Jf. Length of time required to obtain judgment where no defense is 
interposed ? 

Before justices, three days from time of service ; in all 
other courts, about five weeks. 



5. Can judgments be entered during vacation of court? 

Yes, if the minutes of the court are open. During Au- 
gust and September of each year, it is difficult to have entries 
made, except by consent. 



6. Can execution issue immediately after judgment ? 
Yes. 



7. When must the sheriff return the execution? 
Sixty days from date thereof. 



8. Can execution be stayed ? If so, how long ? 

Only before justices. On judgment for $5 and under, 
sixty days ; exceeding $5, and under $20, ninety days ; $20, 
and under $50, one hundred and fifty days ; and on any 
judgment for $50 or upward, two hundred and forty days. 



76 OHIO. 

9. Are there any courts whose judgments can not "be made liens on 
real estate hy docketing in proper county. 

ITo ; an execution from court of common pleas or superior 
court can be issued to any county in our State. 

10. Can a commission to taTce testimony issue from a justice's court f 

JSTo. 

11. Is the note of a married woman hinding f 

Yes, if the consideration concerns her separate property. 
Her separate property is liable for all claims against her. 
Justices have no jurisdiction in actions against married wo- 
men. 

12. When do notes, accounts, and judgments outlaw f 

Notes, fifteen years ; book accounts, six years. Judg- 
ments become dormant in five years. Actions to revive a 
dormant judgment can only be made within twenty-one years 
after it becomes dormant. 

13. Are judgment notes allowed? 

Yes. 

14. Can interest he charged on open accounts f 

Yes. 

15. Can assignments he made preferring certain creditors f 

No. 

16. Will an assignment hy a debtor dissolve an attachment previously 
issued f 

No. 

17. Will the acceptance of a dividend discharge the debt f 

No. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No ; every creditor must consent. 

10. What are the exemption laws f 

Certain specified articles of personalty, etc. Homestead, 
$1,000 ; or, to head of family in lieu of homestead, $500. 

so. Must chattel mortgages be filed ? 

Yes. 



77 



ONTARIO. 

1. Should accounts foncarded for suit le verified f If so^ hy whom f 
Yerification of no use. 

2. Is suit visually legun ty attachment^ or is attachment regarded as 
a promsional remedy f 

In no case except in case of absconding debtor. 

3. Jurisdiction of courts? 

Superior courts, unlimited jurisdiction ; county courts, up 
to S^OO, where amount ascertained by accounts of parties, or 
signature of defendant, as notes, etc. ; open accounts and un- 
settled balances, up to $200 ; division courts, up to $100, 
wbere amount unascertained, but up to $200, u claim in 
note. 

J/,. Length of time required to odtain judgment where no defense is 
interposed f 

In superior courts and county courts, ten days after de- 
fendant served, if resident in Province ; in division courts, 
in eigbt days after service, if defendant resides in county 
where suit commenced ; or, within twenty days, if he resides 
in another county than the one sued in. 

5. Can judgments "be entered during 'vacation of court ? 
Judgments by default can. 

6. Can execution issue immediately after judgment ? 
"Within eight days after judgment, by default. 

7. When must the sheriff return the execution f 

Division courts, within thirty days, unless plaintiff author- 
izes him to renew for thirty days longer; superior com-ts, 
writs good for a year after date ; the sheriff bound to return 
them at any time, after a demand in writing. 

8. Can execution le stayed? If so^ how long? 

ISTo ; except only on apphcation for new trial. 

9. Are there any courts whose judgments can not de made liens on 
real estate dy doclceting in proper county? 

The executions issued on judgments of superior courts 
and county courts bind lands, if execution against land issued 
and left in sheriff's hands of county where land lies, as to 
lands in that county. 



78 ONTAEIO. 

10. Can a commission to taJce testimony issue from a justice's court? 
Commission can issue from division court. It issues 

throngli county court, on application, and showing proper 
grounds. If plaintiff succeeds, costs of executing commission 
come out of defendant. 

11. Is the note of a married woman tinding ? 

Yes; if she contracts with reference to, and possesses 
separate estate. 

12. When do notes, accounts, and judgments outlaw f 

IS'otes and accounts, in six years; judgments, twenty 
years. 

13. Are judgment notes allowed ? 

ISTo. 

14. Can interest de charged on open accounts f 

From after demand of payment of account, and notice 
that interest will be charged if not paid. 

15. Can assignments de made preferring certain creditors ? 

ISTo ; not legally. Can be set aside as fraudulent, and 
debtor liable criminally under certain circumstances. 

16. Will an assignment ly a debtor dissolve an attachment previously 

~ f 

There can be no voluntary assignments. 

17. Will the acceptance of a dividend discharge the debt? 

Yes; if paid under provisions of agreement, and as a 
matter of contract. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts? 

No. 

19. What are the exemption laws ? 

About $60 worth. It consists of certain enumerated 
articles — ^bed, bedding for debtor's family, crockery enough 
for his family, and sundry small articles, '^o real estate. 

W. Must chattel mortgages be filed? 

Must be filed in clerk of county court's ofiice within ^yq 
days after execution and date, otherwise void, and must be 
renewed every year before expiration of year. Of course, the 
mortgage, if not filed, will not be void as between the parties, 
but only as to creditors. 



» 



79 



OREGON. 

1. Should accounts forwarded for suit T)e verified? Ifso^dyicJiom? 
ISTo ; it need not be verified ; it is only a useless expense. 

S. Is suit usually Icgun hj attachment^ or is attachment regarded as 
a provisional remedy f 

Attacliment is regarded as a provisional remedy only. 

3. Jurisdiction of courts ? 

Justices of the peace have jurisdiction where the claim 
does not exceed S250 ; county courts, where the claim does 
not exceed the value of §500 ; circuit courts, unlimited. 



Jf. Length of time required to oltain judgment where no defense is 
interposed ? 

In circuit and county courts, ten days after service of pro- 
cess ; in justices' courts, six days after service of process. 



5. Can judgments le entered during vacation of court f 

Yes ; if there is no defense, and the action be upon con- 
tract only. 

6. Can execution issue immediately after judgment ? 
Yes. 

7. When must the sheriff return the execution ? 
Within sixty days from time of issuance. 

8. Can execution he stayed? If so, how long? 

In justices', sixty days, upon giving security. 'No stay of 
execution in any other court, except upon appeal. 

9. Are there any courts whose judgments can not te made liens on 
real estate ly docTceting in proper county ? 

No. 



80 OEEGOK 

10. Can a commission to taTce testimony issue from a justice's court f 
Yes. 

11. Is the note of a married woman linding ? 
Yes ; under a recent act of Legislature. 

12. When do notes, accounts, and judgments outlaw? 
Notes and accounts, six years ; judgments, ten years. 

13. Are judgment notes allowed ? 

E-o. 

i^. Can interest le cha/rged on open accounts ? 
Yes, after the account is due. 

15. Can assignments te made preferring certain creditors f 

No. 



16. Will an assignment ty a debtor dissolve an attachment previously 

~ 9 



Yes, if made for the benefit of all creditors, and done 
before judgment. 

17. Will the acceptance of a dividend discharge the dett ? 
JSTo. 



18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts. 

No ; the law does not in any way provide for a debtor 
obtaining a release. 



19. What a/re the exemption laws ? 
$300 ; no real estate exemption. 

20. Must chattel mortgages be filed ? 

Yes. 



81 



PENNSYLVANIA. 

1. Should accounts forwarded for suit be verified? If so, hy whom ? 
'^o ; not in Philadelphia. In some counties it may be 
necessary. 

S, Is suit usually 'begun hy attachment, or is attachment regarded as 
a provisional remedy ? 

Suit is usually begun without attachment. Attachment 
is only allowable in cases of fraud, or when the defendant is 
a non-resident. 

3. Jurisdiction of courts ? 

Magistrates' courts, under $100 ; common pleas, $100 and 
over ; XJ. S. circuit court, $500 and over. 

Jf. Length of time required to obtain judgment where no defense is 
interposed ? 

In magistrates' courts, six days ; in other courts, about 
thirty days. In Philadelr>hia, claims should be placed in 
hands for suit before the nrst Monday of a month, and judg- 
ment can be obtained on the third Saturday following. 

5. Can judgments be entered during vacation of court f 

]N"o, except for want of an appearance, or for want of a 
plea, etc. 

6. Can execution issue immediately after judgment? 
Yes. 

7. WJien must the sheriff return the execution? 

The writs of execution are made returnable to the first 
Monday of the next or current month. After that the sheriff 
can be compelled to make return. 

8. Can execution be stayed? If so, how long? 

In magistrates' courts, on sums of $50 or under, six 
months ; in sums over $50, nine months. In court of com- 
mon pleas, on sums of $200 and under, six months ; on sums 
between $200 and $500, nine months ; on sums over $500, 
one year. 
6 



82 PENNSYLYAmA. 

9. Are there any courts whose judgments can not he made liens on 

real estate hy docketing in proper county ? 

The judgments entered in all, except magistrates' courts, 
are liens upon real estate from date of entry, and judgments 
of. magistrates can be made liens by filing transcript in the 
court of common pleas. 

10. Can a commission to take testimony issue from a justice's court f 

Yes. 

11. Is the note of a married woman Hnding ? 

No ; unless given for necessaries, or for improving her 
separate property. 

12. When do notes^ accounts, and judgments outlaw ? 

Actions on notes and accounts are barred in six years. 
Judgments do not become outlawed, but, after twenty years, 
payment may be presumed. 

13. Are judgment notes allowed f 
Yes. 

IJf. Can interest de charged on open accounts .? 

Yes. 

15. Can assignments de made preferring certain creditors f 

A preference made in the deed of assignment is void, but 
a transfer can be made prior to the assignment, and would be 
valid if made for a 'bona fide debt. 

16. Will an assignment ty a debtor dissolve an attachment previously 
issued ? 

:n'o. 

17. Will the acceptance of a dividend discharge the debt? 
1^0 ; only to the extent of payment received. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No ; it would require the consent of all to obtain a release 
under the assignment. 

19. What are the exemption laics ? 

To the value of $300, either real or personal, not both. 

SO. Must chattel mortgages be filed ? 
They must be recorded. 



83 



QUEBEC. 

1. Should accounts forwarded for suit "be 'oerijied f Ifso^hywhomf 
No verification wanted; must be proved either out of 

moutli of defendant, or by witnesses examined in court, or 
under a commission, if the witnesses reside in the States, or 
are absent. 

2. Is suit usually legun ly attachment^ or is attachment regarded as 
a provisional remedy ? 

1^0 ; only on cause shown that defendant is secreting his 
property or is about to abscond. 

3. Jurisdiction of courts ? 

Circuit court, to $100 ; superior court, all amounts over 

$100. 

4. Length of time required to oMain judgment lohere no defense is 
interposed ? 

Circuit court, eight days ; superior court, fourteen days ; 
and in both courts, one extra day for every fifteen miles that 
defendant may reside from Montreal. 

5. Can judgments de entered during vacation of court f 

All the year round, except from 10th July to 31st August, 
and a few days at the end of each month. 

6. Can execution issue immediately after judgment f 

No ; fifteen days, except on cause shown by affidavit that 
defendant is making away with his property, when it can 
issue at once. 

7. When must the sheriff return the execution f 

On the day of return mentioned in the writ, which is 
generally for movables, about twenty days after the issuing 
thereof, and for lands, four months. 

8. Can execution he stayed? Ifso^ how long? 

Only by opposition, supported by affidavit, which can be 
filed on the ground of informalities in the seizure, and also 
when the goods seized belong to a third party, although 
seized in possession of defendants. Case tried in ordinary 
way takes from two to three months. 

9. Are there any courts whose judgments can not he made liens on 
real estate hy docketing in proper county ? 

No. 



84 QTJEBEO. 

10. Can a commission to take testimony issue from ajustice^s court f 
No ; but from the circuit court, which has jurisdiction 

from one cent to $100, and, of course, from the superior 
court. 

11. Is the note of a married woman binding ? 

Only when she is a trader separated as to property from 
her husband, and doing business on her own account. 

IS. When do notes, accounts, and judgments outlaw f 
Five years for notes and accounts ; thirty years for judg- 
ments. 

13. Are judgment notes allowed? 

]N"o; we have no such thing as judgment notes in our 
court. 

IJf. Can interest he charged on open accounts ? 

Yes, when defendant has promised to pay it, or when a 
usage and course of dealing has been proved, under which 
defendant has been in the habit of paying interest. 

15. Cam. assignments he made preferring certain creditors ? 
1^0. 

16. Will an assignment hy a debtor dissolve an attachment previously 

~ 9 



It is probable that an assignment will not dissolve an 
attachment. The Insolvent Act was abolished during last 
session of Dominion Parliament. 

17. Will the acceptance of a dividend discharge the debt ? 

^o ; under common law, unless discharge expressly given. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts? 

No ; debtor can only be released by unanimous consent 
of his creditors. 

19. What are the exemption laws ? 

Bed and bedding of defendant and family, one stove and 
haK dozen chairs, knives, forks, plates, teacups, one table, 
etc. ; fuel and food for thirty days, one cow, four sheep, two 
hogs, tools and implements of trade, a variety of household 
articles, etc. ; no real estate. 

20. Must chattel mortgages be filed ? 

No such mortgages allowed by our system. If a debtor 
wishes to secure a debt by chattels, he must deliver them 
absolutely to his creditor. 



85 



RHODE ISLAND. 

1. Should accounts forwarded for suit le mrijiedf If so^ ly whomf 
1^0 ; but no attachment or arrest can be made without the 

affidavit required bj statute. 

2. Is suit usually legun ly attachment, or is attachment regarded as 
a provisional remedy ? 

Suit is usually begun by attachment if debtor has property. 
If suit is begun by summons, a writ of attachment can after- 
ward be issued, if property is found. 

3. Jurisdiction of courts f 

Justice's court, up to $100 ; court of common pleas, from 
§100 upward ; supreme court, from $300 upward. 

Jf. Length of time required to obtain judgment where no defense is 
interposed ? 

On the second day of the term at which the writ is re- 
turnable ; but, as there are but two terms each of supreme 
and common pleas in the year, six months apart, it may be 
five months at least from date of writ before judgment. 

5. Can judgments 1)6 entered during vacation of court? 

ISTo. 

6. Can execution issue immediately after judgment f 
Yes, by special order of court. 

7. When must the sheriff return the execution ? 

In justice's court, within three months from date ; in court 
of common pleas and supreme court, five days before the first 
day of the term which commences next after the date of the 
execution. 

8. Can execution he stayed ? If so, how long ? 

Yes, for such time as the court may determine. 

9. Are there any courts whose judgments can not he made liens on 
real estate hy docketing in proper county ? 

A judgment is not a lien on real estate in this State ; it 
can be made so only by levy of execution. 



86 EHODE ISLAND. 

10. Can a commission to take testimony issue from a justice'' s court f 

Tes. 

11. Is the note of a married woman dinding ? 

12. When do notes, accounts, and judgments outlaw ? 

^otes and accounts, in six years ; judgments, in twenty 
years. 

IS. Are judgment notes allowed ? 

They have never been used, and are unknown to the 
business men of the State. 

IJf. Can interest he charged on open accounts ? 
Yes, after they are due, or demanded. 

15. Can assignments te made preferring certain creditors f 

ISTo preference can be made, except to the nation, to the 
State, or for wages, if labor performed within six months ; 
not more than $100 to one person. 

16. Will an assignment by a debtor dissolve an attachment previously 



If made within sixty days, the attachment will be sus- 
pended, and will be dissolved at the end of thirty days more, 
unless otherwise ordered by the court. 

17. Will the acceptance of a dividend discharge the debtf 

ISTo. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts f 

1^0 ; no debt can be discharged, except by consent of 
creditor. 

19. What are the exemption laws ? 

Furniture and family stores of housekeeper, to amount of 
$300 ; necessary tools, $200 ; wages, $10, except when claim 
is for necessaries ; also, debts due by note or bill of exchange ; 
also, debtor's interest in apparel, and certain specified articles 
of personalty. 

W. Must chattel mortgages be filed? 

Yes, in town where mortgagor lives, if he lives in this 
State ; if not, in town where property is situated. 



87 



SOUTH CAROLINA. 

1. Should accounts forwarded for suit he verifed ? If so, ly wliom ? 

^ot necessary to verify account sent for suit. If dis- 
puted, must be proved by commission. 

^. Is suit usually hegun hy attachment, or is attachment regarded as 
a provisional remedy ? 

Attachment is regarded as a provisional remedy. 

3. Jurisdiction of courts ? 

Trial- justice's court, $100 ; common pleas, unlimited. 

J^. Length of time required to oltain judgment where no defense is 
interposed ? 

T^venty days, in trial-justice's court ; in court of common 
pleas, judgment can only be obtained on default docket at 
regular terms. Each county has three terms of court a year. 

5. Can judgments le entered during 'vacation of court ? 

Judgments, except by confession, . can not be entered 
during vacation of court. 

6. Can execution issue immediately after judgment ? 

Execution can issue five days after court has adjourned 
for the term. 

7. When must the sheriff return the execution f 
Sheriff must return execution within sixty days. 

8. Can execution he stayed f If so, hoio long ? 

Execution can be stayed by giving bonds, and until appeal 
is determined. 

9. Are there any courts whose judgments can not he made liens on 
real estate hy docTceting in proper county? 

The judgments of all courts in the State can be made 
liens in any county. 



88 SOUTH OAEOLINA. 

10. Can a commission to take testimony issue from a justice's court ? 
A commission can issue from a justice's court. 

11. Is the note of a married woman binding f 

The binding effect of the note of a married woman has 
never been decided by our courts ; we follow in practice the 
decisions as rendered in J^ew York State. 

12. When do notes, accounts, and judgments outlaw ? 

Actions upon a judgment or decree, or upon a sealed in- 
strument, must be brought within twenty years ; notes and 
accounts, within six years. 

IS. Are judgment notes allowed 1 

Confession of judgment is allowed, if done according to 
law. 

IJ^. Can interest le charged on open accounts f 

Interest can not be charged on open accounts, except by 
agreement. 

15. Can assignments le made preferring certain creditors ? 
Assignor can prefer creditors. 

16. Will an assignment ly a debtor dissolve an attachment premous- 
ly issued? 

An assignment by a debtor will not dissolve attachment. 

17. Will the acceptance of a dividend discharge the deltf 

Effect of acceptance of dividend depends upon terms of 
deed ; it generally discharges debt. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts f 

Consent of majority of creditors does not enable assignor 
to obtain a release from his debts. 

19. What are the exemption laws ? 

About $500 personal, and about $1,000 real estate. 

20. Must chattel mortgages be filed f 

Chattel mortgages must be filed and recorded within sixty 
days. 



89 



TENNESSEE. 

1. Should accounts forwarded for suit de verified f If so, hy whom ? 

ISTo ; but an account coming from another State, verified 
before a commissioner of Tennessee, or before a justice of the 
peace, with a certificate of the clerk that he is an acting jus- 
tice in his county, is conclusive evidence against the party, 
unless he denies it under oath. 



2. Is suit usually 'begun Try attachment, or is attachment regarded as 
a provisional remedy ? 

No ; an attachment is an auxiKary remedy. 

S. Jurisdiction of courts ? 

Justice's, on accounts, $500; on notes against the maker, 
$1,000 ; circuit courts, where the demand exceeds $50, and 
an appeal in any amount. 

4. Length of time required to oMain judgment where no defense is 
interposed ? 

The judgment before the magistrate can be obtained same 
day on which suit is brought. In other courts a judgment 
by default can be obtained after the third day of the term. 



5. Can judgments le entered during vacation of court? 
No. 



6. Can execution issue immediately after judgment ? 

Not, except on affidavit showing danger of loss by delay. 

7. When must the sheriff return the execution? 

Ordinarily before the first day of the next succeeding 
term of court. 



8. Can execution le stayed ? If so, how long ? 
None, except on judgments rendered by justices of the 
peace. A stay of eight months is allowed. 



90 TENNESSEE. 

9. Are there any courts whose judgments can not he made liens on 
real estate by docJceting in proper county. 

Yes ; judgments of justices of the peace. 

10. Can a commission to take testimony issue from a justice's court f 
Yes ; to take depositions. 

11. Is the note of a married woman binding f 

No. 

12. When do notes, accounts, and judgments outlaw f 

The six years' statute of limitations applies to notes and 
accounts. A judgment will be barred in ten years. 

13. Are judgment notes allowed f 

14. Can interest he charged on open accounts f 

Yes ; but the courts can disregard the interest, and render 
judgment only for the principal in their discretion. 

15. Can assignments be made preferring certain creditors f 
Yes. 

16. Will an assignment by a debtor dissolve an attachment previously 

~ ? 

17. Will the acceptance of a dividend discharge the debt f 
No. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts? 

No. 

19. What are the exemption laws f 

Homestead, $1,000 ; a large number of specified articles 
of personal property. 

20. Must chattel mortgages be filed ? 

No ; they must be registered like mortgages on real 
property. 



91 



TEXAS. 

1. Should accounts foncarded for suit he verified ? If so, ly whom ? 

Yerification is not absolutely required. If verified, how- 
ever, before a notary public or clerk of a court of record, it 
\s> j^rima facie evidence only. 

2. Is suit usually degun ly attachment, or is attachment regarded as 
a ^provisional remedy ? 

Attachment in this State is regarded as a provisional 
remedy. 

3. Jurisdiction of courts ? 

Justice's court, $200 and under ; county court, $200 up 
to $1,000 ; district courts, $500 and upward. 

4. Length of time required to oltain judgment where no defense is 
interposed ? 

In each court, service must be perfected five full days be- 
fore the first day of court ; then, if no defense is interposed, 
judgment is rendered in justice's court on the first day of the 
term ; in county court, on the third day ; and in the district, 
on the fifth day of each term. 

5. Can judgments "be entered during 'vacation of court f 
Judgments can be entered only in term time ; but in jus- 
tice's court, a judgment may be obtained by confession at any 
time. 

6. Can execution issue immediately of ter judgment ? 
Execution will issue from justice's court on the eleventh 

day after rendition of final judgment, if there has been no 
appeal, and no stay of execation ; from the county and dis- 
trict courts, after the expiration of twenty days ; on affidavit, 
showing defendant about to remove property out of county, 
court will oi*der execution to issue at once. 

7. When must the sheriff return the execution f 

Executions are returnable in thirty, sixty, and ninety days, 
if so directed by the plaintiff, his agent, or attorney. 

8. Can execution he stayed? Jfso, how long? 
Only in the justices' courts, for ninety days. 



92 TEXAS. 

9. Are there any courts whose judgments can not he made liens on 
real estate ly docketing in proper county? 

ISTone. 

10. Can a commission to take testimony issue from a justice's court? 
Yes, to take depositions in cases in sucli courts. 

11. Is the note of a married woman dinding ? 

A married woman can be bound only by her contracts 
made for necessaries for herself or children, or expenses in- 
curred by her for the benefit of her separate estate. 

12. When do notes, accounts, and judgments outlaw ? 
Judgments, ten years, if execution is issued in one year ; 

notes, in four years from maturity ; accounts, in two years. 
Each item of account as to limitation stands on its own 
bottom. 

13. Are judgment notes allowed? 

Are not in use here. iSTo laws on this subject. 

14. Can interest he charged on open accounts ? 

Interest at eight per cent, runs on open accounts from 
January 1st of the year after account is made. 

15. Can assignments he made preferring certain creditors ? 

IsTo. 

16. Will an assignment hy a debtor dissolve an attachment previously 
issued ? 

It will not, under the general law. 

17. Will the acceptance of a dividend discharge the debt ? 

The deed of assignment may contain a clause to the effect 
that any creditor accepting a dividend under the assignment 
will release the debtor. If such dividend is received, it dis- 
charges the debt ; otherwise, not. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts? 

It will not, under the general law. 

19. What are the exemption laws ? 

Specified articles of personalty; homestead in country, 
200 acres ; in city, land $5,000 in value at the time of desig- 
nation, without reference to improvements. 

20. Must chattel mortgages he fled? 

Yes, to operate as notice. Good, however, between the 
parties or purchasers, with notice without record. 



93 



UTAH TERRITORY. 

1. Should accounts forwarded for suit de verified ? If so, ly whom? 
IsTo, it is unnecessary. "When suit is brought, the com- 
plaint can be verified by attorney. 

2. Is suit usually begun hy attachment^ or is attachment regarded as 
a provisional remedy ? 

Provisional only. 

S. Jurisdiction of courts? 

Justices' courts, to $300 ; district courts, unlimited. 

J^. length of time required to oltain judgment where no defense is 



If process served within the county, ten days ; if out of 
the county, but within the district, twenty days ; if elsewhere, 
forty days. 

5. Can judgments he entered during vacation of court f 
Yes ; on failure to answer. 

6. Can execution issue immediately after judgment f 
Yes. 

7. When must the sheriff return the execution ? 
Within ninety days. 

8. Can execution le stayed? Ifso^ how long? 

No. 

9. Are there any courts whose judgments can not le made liens on 
real estate ly docTceting in proper county ? 

Yes ; the district courts in and for the Territory. 



94 UTAH TEREITORY. 

10. Can a commission to taTce testimony issue from a justice^ 8 court f 

Yes. 

11. Is the note of a married woman binding ? 

When acting as d^femme sole^ doing business, etc., or when 
for improvements on her individual property. 

12. When do notes, accounts, and judgments outlaw ? 
Accounts, two years ; notes, four years ; judgments, ^yq 

years. 

13. Are judgment notes allowed? 
!N'ot in general use. 

IJ/,. Can interest "be charged on open accounts ? 
Yes, if so contracted, but only then. 

15. Can assignments he made preferring certain creditors ? 
Yes. 

16. Will an assignment ly a debtor dissolve an attachment previously 
issued ? 

J^o ; not after levy. 

17. Will the acceptance of a dividend discharge the debt ? 
No. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts f 

19. What are the exemption laws f 

Necessary articles of personalty, and homestead to head of 
family, not to exceed $1,000, and $250 additional for each 
member of family. 

20. Must chattel mortgages be filed ? 

"We have no chattel-mortgage law. Without possession 
of chattel, no mortgage valid. 



95 



VERMONT. 

1. Should accounts forwarded for suit le 'verified ? If so, ly whom ? 
Yerification is of no avail. 

2. Is suit usually begun hy attachment, or is attachment regarded as 
a provisional remedy ? 

By attachment usually. 

3. Jurisdiction of courts ? 

Justice's court, when debt or demand does not exceed 
$200. County court, unlimited jurisdiction where claim is 
over 



4. Length of time required to obtain judgment where no defense is 



Six to twelve days in justice's and city court ; twelve days 
in county court, i. e., service must be made so many days be- 
fore court. In county court there are only two term days in 
a year fixed, and hence it may take six months to get a judg- 
ment. 

5. Can judgments "be entered during vacation of court f 

No. 

6. Can execution issue immediately after judgment ? 

Day after court rises ; in county court, the session may 
last one to six or more weeks, and execution issues regularly 
only after term ends. 

7. When must the sheriff return the execution f 
Executions run sixty days from date. 

8. Can execution le stayed ? If so, how long ? 

JSTo general stay laws exist. If exceptions to ruling of 
court are taken, execution is stayed, and case passed to higher 
court. 

9. Are there any courts whose judgments can not be made liens on 
real estate by docketing in proper county ? 

Docketing of judgment does not create a lien ; it must be 
made by levy. 



96 VERMONT. 

10. Can a commission to take testimony issue from a justice'' s court f 
1^0 ; commission is not necessary. 

11. Is the note of a married woman linding ? 

]sro. 

12. When do notes, accounts, and judgments outlaw f 

Notes and accounts, in six years from maturity ; judg- 
ments, in eight years ; witnessed notes, in fourteen years from 
maturity ; part payment renews note or account for six years. 

IS. Are judgment notes allowed ? 
No. 

IJf. Can interest ie charged on open accounts f 

Yes. 

15. Can assignments de made preferring certain creditors f 

No. 



16. Will an assignment ly a debtor dissoUe an attachment previous- 

~9 



Assignment does not invalidate any service made by the 
officer. 

17. Will the acceptance of a dividend discharge the debtf 

No. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

No. In new insolvency law a majority of number and 
amount does. 



19. What are the exemption 
Household furniture, etc., to $500 ; a horse, or a yoke of 

cattle for team-work ; professional libraries to amount of $200 ; 
tools of one's trade, sewing-machine, etc. ; homestead to 
amount of $500. 

20. Mu^t chattel mortgages be filed? 
Yes. 



97 



VIRGINIA. 

1. Should accounts forwarded f 07' suit he verified ? If so, by whom ? 

No. 

S. Is suit usually begun by attachment, or is attachment regarded as 
a provisional remedy ? 

Provisional only. 

3. Jurisdiction of courts ? 

Police justice of the city of Eichmond, $100 and under ; 
justices of the peace elsewhere in the State, $50 and under ; 
other coui'ts, unlimited. 

Jf. Length of time required to obtain judgment where no defense is 
interposed ? 

In no case less than one month and a haK, usually longer, 
depending upon the sitting of the court. 

5. Can judgments be entered during vacation of court ? 
By confession only. 

6. Can execution issue immediately after judgment ? 

1^0 ; usually not until after the adjournment of the court. 
After the fifteenth day of the term, the court may make an 
order allowing executions to issue on aU judgments ten days 
after their date. 

7. When must the sheriff return the execution ? 

It must be returnable within ninety days to some rule 
day, or the first day of a term. 

8. Can execution be stayed? If so, how long? 

By execution of a forthcoming bond the stay is sometimes 
six months, sometimes less, depending upon the term of the 
court. 

9. Are there any courts whose judgments can not be made liens on 
real estate by doclceting in proper county? 

]N"o. 
7 



98 YIRGINIA. 

10. Can a commission to take testimony issue from a justice'' s court f 
A commission to take depositions has been issued \>j the 

police justice of the city of Richmond, but upon very ques- 
tionable authority. Certainly there is no direct authority 
authorizing it. 

11. Is the note of a married woman Mnding ? 

It would bind any separate estate she might have in per- 
sonalty, and perhaps in realty also ; but as to the latter, query. 

12. When do notes, accounts, and judgments outlaw ? 

JN^otes, in five years ; retail-store accounts, in two years ; 
other accounts, in live years ; judgments, in not less than ten 
years, and, in some cases, not less than twenty years. 

13. Are judgment notes allowed? 

They are not known in practice. A power of attorney to 
confess judgment may be given. 

llf. Can interest he charged on open accounts ? 
Yes ; after due. 

15. Can assignments de made preferring certain creditors f 

Yes. 

16. Will an assignment ty a debtor dissolve an attachment previously 
issued ? 

1^0. 

17. Will the acceptance of a dividend discharge the debt ? 
Kot without agreement to that effect. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

19. What are the exemption laws f 

Certain specified articles of furniture, not usually exceed- 
ing in value $300 ; and $2,000 under homestead, if home- 
stead is set apart in personalty ; $2,000 worth of real estate 
under the homestead, if no personalty is taken, except that 
exempted under the Poor Debtors' Law. 

20. Must chattel mortgages be filed ? 
Yes. 



99 



WASHINGTON TERRITORY. 

1. Should accounts forwarded for suit le verified? Jfso, ly whom? 
No ; send account with full names of parties ; attorney 

here can verify complaint. 

2. Is suit usually begun dy attachment^ or is attachment regarded as 
a provisional remedy f 

Attachment provisional remedy. 

3. Jurisdiction of courts ? 

Justice of the peace has jurisdiction in all cases where 
amount claimed is less than $100. These courts are always 
open. District court has jurisdiction of all matters legal and 
equitable, regardless of amount claimed. 

Jf. Length of time required to oMain judgment where no defense is 
interposed ? 

In justices' courts, seven days. "We have but two terms 
of district court, in December and April. Defendants are 
allowed twenty days in which to answer. If no answer is 
filed, judgment may be taken at once if court is in session. 

5. Can judgments le entered during vacation of court f 
No ; except judgment by confession. 

6. Can execution issue immediately after judgment ? 
Yes. 

7. When must the sheriff return the execution? 
Within sixty days. 

8. Can execution le stayed ? If so, how long ? 

On sums under $300, two months ; on sums over $300, 
and under $1,000, five months ; on sums over $1,000, five 
months. Before stay is allowed, bond in double the amount 
of judgment must be given. 

9. Are there any courts whose judgments can not de made liens on 
real estate hy docTceting in proper county ? 

No. 



100 WASHINGTOl^ TEKRITORY. 

10. Can a commission to take testimony issue from a justice'' s court f 
Yes. 

11. Is the note of a married 'woman linding ? 

Yes ; provided she acknowledges its execution, as in the 
case of deeds. There must be an acknowledgment attached 
to the note. 

12. When do notes, accounts^ and judgments outlaw? 

In six years, notes ; in five years, judgments ; in three 
years, accounts ; after five years, judgment may be renewed 
on motion. 

13. Are judgment notes allowed? 
Yes. 

14. Can interest he charged on open accounts ? 
Yes, after demand of payment. 

15. Can assignments he made preferring certain creditors f 

ISTo. 

16. Will an assignment hy a debtor dissolve an attachment previously 
issued f 

ISTo. 

17. Will the acceptance of a dividend discharge the deht ? 

Yes, provided the assignment embraces all of debtor's 
property. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts. 

19. What are the exemption laws ? 

Married or single man — ^farmer, $300; mechanic, $300 
and tools. There is no exemption for merchants or traders. 
Homestead of $1,000 to head of family. 

SO. Must chattel mortgages be fled? 

Yes. There must also be an affidavit of mortgagee and 
mortgagor that transaction is in good faith, and not to de- 
fraud ; and, in addition, it must be acknowledged by mort- 
gagor. 



101 



WEST VIRGINIA. 

1. Should accounts forwarded for suit le verified ? If so, by whom f 

^. Is suit usually begun by attachment, or is attachment regarded as 
a provisional remedy ? 

Attachment is only issued upon cause shown by affidavit. 

3. Jurisdiction of courts ? 

Justices' courts, $100 ; circuit courts, where demand ex- 
ceeds $50 ; county courts, where demand exceeds $20. 



Jf.. Length of time required to obtain judgment where no defense is 
interposed ? 

Generally about sixty days ; but no judgment by default 
can become final in less than one month after the service of 
a summons, except before a justice, where a summons may 
be returnable forthwith, and the case tried on the return of 
the summons. 



5. Can judgments be entered during vacation of court ? 
Yes ; upon confession in the clerk's office. 

6. Can execution issue immediately after judgment ? 

IS^ot until adjournment of term of court, unless by special 
order for cause shown. 

7. When must the sheriff return the execution f 

Executions are made returnable to the first Monday of 
some month ; not, however, over ninety days after their date. 

8. Can execution be stayed? If so, how long? 

Justice's, from one to four months; circuit and other 
courts of record, to next term succeeding issue of execution. 

9. Are there any courts whose judgments can not be made liens on 
real estate by doclceting in proper county ? 

No. 



10i> ^EST TIKGIXIA. 

10. Can a eommmio7i to talc tiStit7iony issue from a justice's courts 
Depositions are taken ^yitllout commission. A notice in 

writing of tlie names of the -witnesses, and the time and place 
of taking the testimony, is all that is necessary. Depositions 
may be taken on notice, and read in justice's com't. 

11. Is the note of a 7)iarried woman binding f 

Only upon her separate estate. The whole of her personal 
property is subjected in equity, and the rents and profits of 
her realty ; but her separate real estate can not be sold to pay 
such note, unless secured by mortgage or deed upon it. 

1^. WTien do notes, aeeounts, and judgments outlaw? 

Eetail-store accounts, in three yeai*s ; note^, in ten years ; 
and judgments, in ten yeai*s from the return of the last exe- 
cution thereon, 

ic?. A re j ud(jm en t n otes a Uo wed f 
They are not. 

14. Can interest he charged on ojh'n accounts? 
Yes. 

15. Can assignments he inade preferring certain creditors f 
Yes. 

16. WiU an assignment hg a debtor dissolve an attachment previouslg 
issued f 

Xo. 

17. Will the acceptance of a dividend discharge the deM? 

Not unless made a stipulation in the deed of assignment. 
If it is, it is valid and binding. 

IS. Will the consent of a majority qfthe creditors enadle the deMor 
to get a release from his dehts f 

Xo. 

19. What are the exemption laws? 

$*200 worth personal property to a husband and parent or 
head of a family, and real estate worth ^I'OOO, if recorded 
as claimed as exempt. 

^. Must chattel mortgages be fled? 
Yes. 



103 



WISCONSIN. 

1. ShovM accounts forwarded for mit he xerified ? If so^ ly v.horn J 



2. In suit usvMlly Ijcgun hy attachment^ or Vi attachrrient regarded ojs 
a protifdonal remedy ? 

As to first part of question, no ; it is a provisional remedy. 

3. Jurisdiction of courts? 

Circuit courts, unlimited; juotice.s' courts, t?ie limit of the 
jurisdiction of these courts is §200. 

Jf. Length of time required to ofjtain juAgmerd xrhere no defense is 
interposefJ. ? 

When summons is served vathin the State, twenty days 
after service ; when serv-ice is hy puhlication, sixty-two days 
from date of first publication. 

5. Can judgments le entered during tacation of co^irtJ 
Yes ; in suits for money demands, and wlien the summons 
is personally served on defendant. 

fj. Con exectition vnrae imraed//j.tely after judgmerd ? 

Immediately after docketing judgment in courts of rec- 
ord ; in justices' courts, inmie<Bately after rendition, unless 
stayed hy giving security. 

7. WJierc rnvjst the sheriff returro the execution f 
Within sixty days after its receipt by him. 

8. Can execution le stayed? If m^ how l/m/g? 

In justice's, as follows : $10, exclusive of costs, one month ; 
above 810, and not exceeding $30, two months ; above $30, 
and not exceeding $50, three months ; above 85<), four months. 



9. Are th^re nfoj fyirts u.hose 'judgments cm n/J, he rnad.e lierm on 
real estate ly docketing in2'''^p(i^ cfjuniy. 

No. 



104 WISCONSIN 

10. Can a commission to talce testimony issue from a justice's court? 

Yes. 

11. Is the note of a married woman hinding ? 

When it is given for the benefit of her separate estate, 
and made on the faith of same. 



12. When do notes, accounts, and judgments outlaw ? 

ISTotes and accounts outlaw in six years after maturity ; 
judgments cease to be a lien on real estate after ten years, 
and outlaw in twenty years. 

13. Are judgment notes allowed ? 
Yes. 

14. Can interest he charged on open accounts ? 
Yes, at the rate of seven per cent. 

15. Can assignments he made preferring certain creditors ? 
Yes. 



16. Will an assignment ly a debtor dissolve an attachment previously 

~ ? 

ISTo. 



17. Will the acceptance of a dividend discharge the delt ? 
E^o ; not under an assignment. 

18. Will the consent of a majority of the creditors enable the debtor 
to get a release from his debts ? 

It is not necessary that the debtor should obtain the con- 
sent of his creditors in insolvency proceedings to his dis- 
charge. 

19. What are the exemption laws ? 

Homestead, in country, forty acres ; in city, one fourth 
acre ; furniture, $200 ; also, certain specified articles. 

20. Must chattel mortgages be fled ? 
Yes. 



105 



WYOMING TERRITORY. 

1. Should accounts forwarded for suit le verified ? If so^ ly whom ? 
Not absolutely necessary, but it is best to verify before 

commissioner of deeds for the Territory if there is one con- 
venient ; if not, before a notary public. 

2. Is suit iLsually iegun ly attachment, or is attachment regarded as 
a provisional remedy ? 

Attachment is a provisional remedy. 

3. Jurisdiction of courts ? 

All courts of record have jurisdiction to an unlimited 
amount ; justices' courts, where claims amount to $100, or less. 

J!^. Length of time required to odtain judgment where no defense is 
interposed ? 

Within thirty days from date of service of summons. 

5. Can judgments he entered during vacation of court ? 
Yes, on default of parties defendant. 

6. Can execution issue immediately after judgment f 
Yes. 



7. When must the sheriff return the execution ? 
Sixty days. 

8. Can execution he stayed? If so, how long? 
No. 



9. Are there any courts whose judgments can not le made Hem on 
real estate ly doclceting in proper county ? 

No. 



10. Can a commission to taTce testimony issue from a justice'' s court? 

No. 



106 WYOMmG TERRITORY. 

11. Is the note of a married woman linding? 

Under the laws of this Territory, married women are 
treated 2L?>femme sole ; can make contracts, sne and be sued. 
Husband or husband's property not liable. 

12. When do notes, accounts, and judgments outlaw? 

l^otes, in five years ; accounts, in four years from date of 
last item ; judgments, in five years from date when rendered. 
Debts of parties contracted before becoming residents of Ter- 
ritory, outlaw in one year. 

13. Are judgment notes allowed f 
IS^o. 

14. Can interest de charged on open accounts ? 
Yes, from the date of last charge. 

15. Can assignments he made preferring certain creditors ? 
Under our law, assignments will be settled and claims 

allowed of all creditors who accept the terms of the assign- 
ment. Distribution will be made upon this basis ; no other 
preference can be made. 

16. Will an assignment hy a dehtor dissolve an attachment previously 
Ko. 

17. Will the acceptance of a dividend discharge the de'btf 

Yes. 

18. Will the consent of a majority of the creditors enaNe the debtor 
to get a release from his deltsf 

It does not matter whether the terms of assignment are 
accepted by a majority of creditors or any other number ; 
those who participate in dividends release. 

19. Wliat are the exemption laws f 

To head of a family, $500 worth personal property ; to 
any person, $300, to carry on his trade or business ; $1,500 
worth of real estate when occupied as a homestead. 

SO. Must chattel mortgages le filed? 
Yes, and recorded. 



C_ 



D. APPLETON & CO.'S PUBLICATIONS. 



AMOS (Prof. SHELDON, M. A.) The Science of Law. International Scientific 
Sei'ies. 1 vol., 12mo. Cloth, $1.75. 

n. 

ANTHON'S Law Student ; or, Guide to the Study of the Law. 1 vol., 8vo. 
Sheep, 13.60. 

ra. 

ARGUMENT AT GENEVA. A Complete Collection of the Forensic Discussions 
on the Part of the United States and Great Britain, before the Tribunal of 
Arbitration under the Treaty of Washington, as published by authority of 
the Government. 8vo. Cloth, $3.50. 

IV. 

BENSON (Captain L.) The Book of Remarkable Trials and Notorious Char- 
acters. With numerous Illustrations by Phiz. 1vol., small 8vo. Half 
calf, $5.00. 

V. 

BENTON'S Thirty Years' View ; or, a History of the Working of the American 
Government for Thirty Years, from 1820 to 1850. New edition, revised, 
with copious Index. 2 very large vols., 8vo. Cloth, $6.00 ; sheep, $8.00; 
half cali; $10.00 ; half morocco, $10.00 ; full calf, $12.00. 

VI. 

BENTON'S Abridgment of the Debates of Congress, from 1789 to 1856. From 
Gales and Seaton's Annals of Congress ; from their Register of Debates ; 
and from the Oflacial Reported Debates, by John C. Rives. By the author 
of " The Thirty Years' View." 16 large vols., 8vo. (Published by sub- 
scription.) Half morocco, per vol., $6.00 ; half calf, per vol., $6.00. 

VII. 

BENTON'S Historical and Legal Exammation of the Dred Scott Case. 1 vol., 
8vo. Cloth, $1.25 ; paper, 63 cents. 

vin. 

BRYANT AND STRATTON'S Commercial Law for Business Men. Revised by 
Amos Dean. 1 large vol., 8vo. Cloth, $3.25 ; law sheep, $4.00. 

IX. 

BRYANT, STRATTON and PACKARD'S Interest Tables : showing the Interest 
on any Sum from One to One Hundred Thousand Dollars, for from Ore 
Day to Four Years, at Seven, Six, Five, and One per Cent, per An:.um. 
Computed on the Basis respectively of 360 and 365 Days to the Year, and 
arranged for the Averaging of Accounts, by H. B. Bryant, H. D. Strat- 
TON, and S. S. Packard. Official Tables of the United States Treasury 
Department. 1 vol., large quarto. Half roan, $5.00 ; imp. half Russia, 
$6.00. 

X. 

CAMPBELL (Lord) on Shakespeare's Legal Acquirements. 1 vol., 12mo. Cloth, 
$1.00. 



D. APPLET ON & COMPANY'S PUBLICATIONS. 



XI. 

CAMPBELL (Lord). Lives of the Lord Chancellors and Keepers of the Great 
Seal of England, from the Earliest Times till the Reign of King George 
IV. Fourth edition. 10 vols., 12mo. Half calf, extra, $35.00. 

XIL 
CREASY (Prof.) Rise and Progress of the English Constitution. 1 vol., 12mo. 
Cloth, $1.50. 

XIII. 
CUTTS (J. MADISON). A Bi-ief Treatise upon Constitutional and Party Ques- 
tions, as received from the late Stephen A. Douglas. 1 vol., 12mo. Cloth, 
$1.25. 

XIY. 
DE HART'S Observations on Military Laws and Courts-Martial. New edition. 
1 vol., 8vo. Sheep, $4.00. 

XV. 
HADLEY (Prof. JAMES). Roman Law ; its History and System of Private Law, 
In Twelve Academical Lectures. By James Hadley, LL. D., late Pro- 
fessor of Greek Literature in Yale College. 12mo. Cloth, $1.30. 

XVI. 
HOLCOMBE. Law of Debtor and Creditor in the United States and Canada. 1 
vol., 8vo. Law sheep, $4.00. 

XVII. 
MAUDSLEY'S Responsibility in Mental Disease. International Scientijlc Series. 
1 vol., 12mo. Cloth, $1.50. 

xvm. 

POMEROY'S Introduction to Municipal Law. 1 vol., 8vo. Cloth, $3.00 ; law 
sheep, $4.00. 

XIX. 
SEWELL'S Pension, Bounty, and Prize Laws. 1 vol., Bvo. Law sheep, $4.00. 

XX. 

SMITH'S Compendium of Mercantile Law. With large American Additions by 
Holcombe and Gholson. New edition, revised and corrected. 1 vol., Bvo. 
Law sheep, $6.00. 

XXI. 

SMITH'S Interest Tables at 5, 6, 1, 8, 10, and 12 per cent, per annum, showing 
the Interest of any Sum from $1 to $10,000, from Oue Day to Five Years. 
To which are added several very useful Business Tables. 1 vol., 8vo. 
Cloth, $1.00. 

XXII. 

TRACY'S Hand-Book of Law for Business Men ; containing an Epitome of the 
Law of Contracts, Bills and Notes, Interest, Guaranty and Suretyship, 
Assignments for Creditors, Agents, Factors and Brokers, Sales, Mortgages 
and Liens, Partnership, Patents and Copyrights, Trade-Marks, the Good- 
will of a Business, Carriers, Insurance, Shipping, Arbitrations, Statutes of 
Limitation, etc. With an Appendix containing Forms of Instruments 
used in the Transaction of Business. 1 vol., thick 8vo. (Subscription.) 
New edition. Revised to date. Half roan, $5.50 ; law sheep, $6.50. 

D. APPLETON & CO., PuBLiSHEBS, 1, 3, & 5 Bond Stbeet, N. Y. 



Herbert Spencer's Late Works 

ON THE 

SCIENCE OF SOCIETY. 



I. 

THE STUDY OF SOCIOLOGY. l vol., 12mo. Cloth. Price, $1.50. 

II. 
THE PRINCIPLES OF SOCIOLOGY. Vol. I. 12mo. Cloth. Price, 

$2.00. 

III. 
CEREMONIAL INSTITUTIONS. (First Part of Vol. n of " Principles of 
Sociology." 12mo. Cloth. Price, $1.25. 

IV. 

DESCRIPTIVE SOCIOLOGY; Or, groups of sociological facts. 

Six Parts, in royal folio. Price, $4.00 each. 



" Of all our thinkers he is the one who, as it appears to me, has formed for 
himself the largest new scheme of a systematic philosophy, and, in relation to 
some of the greatest questions of philosophy in their most recent forms, as set or 
reset 1/ the last speculations and revelations of science, has already shot his 
thoxights the farthest.'' — Frof. David Ma-SSON, in '■'■Recent British Philosophy. '''' 

*' His bold generalizations are always instructive, and some of them may in 
the end be established as the profoundest laws of the knowable universe." — Dr. 
James McCosh, in the '* Intuitions of Mind.^'' 

" One who, whether for the extent of his positive knowledge, or for the pro- 
fundity of his speculative insight, has already achieved a name second to none in 
the whole range of EngHsh philosophy." — Westminster Review. 

" The work ('Descriptive Sociology') is a gigantic one; its value, when com- 
plete, w'l be immeasurable ; and its actual influence on the study of sociology, 
and help to that study, greater perhaps than any book yet published. It is a 
cyclopaedia of Social Science, but a cyclopaedia edited by the greatest of sociolo- 
gists." — G. W. Smalley. 



For sale by all booksellers ; or sent by mail, post-paid, on receipt of price. 
D. APPLETON d CO., Picblishers, New York. 



Works of Henry Thomas Bucee. 



The Life and Writings of Henry Thomas 
Buckle. 

Bj Alfeed Heney Htjth. 12mo. Cloth. 

"The book deals with Mr. Buckle less as a philosopher than as a man. . . . Mr. Huth 
has done his part well and thoroughly."— /Saifwrc^a^/ Review. 

"Mr. Huth has produced a striking and distinct portrait out of his slight materials, and 
he has done his work with a simplicity and modesty which are highly effective."— Pa/i 

Mall Gazette. 

" This work, we think, will revolutionize popular opinion about the philosopher." — 
Londm, Daily News. 

"Buckle was a man whose story must excite interest and rouse sympathy."— >Sco^5»za;i. 

II. 

History of Civilization in England. 

2 vols., 8yo. Cloth, $4.00; half calf, extra, $8.00. 

"Whoever misses reading this book will miss reading what is, in various respects, to 
the best of our judgment and experience, the most remarkable book of the day— one, in- 
deed, that no thoughtful, inquiring mind would miss reading for a good deal. Let the 
reader be as adverse as he may be to the writer's philosophy, let him be as devoted to the 
obstructive as Mr. Buckle is to the progress party, let him be as orthodox iu church creed 
as the other is heterodox, as dogmatic as the author is skeptical— let him, in short, find 
his prejudices shocked at every turn of the argument, and all his prepossessions whistled 
down the wind— still, there is so much in this extraordinary volume to stimulate reflection 
and excite to inquiry, and provoke to earnest investigation, perhaps (to this or that reader) 
on a track hitherto untrodden, and across the virgin soil of untilled fields, fresh woods and 
pastures new, that we may fairly defy the most hostile spirit, the most mistrustful and 
least sympathetic, to read it through without being glad of having done so, or, having 
begun it, or even glanced at almost any one of its pages, to pass away unread."— io«(?0?i 
Times. 

"We have read Mr. Buckle's volumes with the deepest interest. We owe him a pro- 
found debt of gratitude. His influence on the thought of the present age can not but be 
enormous, and if he gives us no more than we already have in the two volumes of the 
magnus opus, he will still be classed among the fathers and founders of the Science of His- 
tory." — New York Times. 

"Singularly acute, possessed of rare analytical power, imaginative but not fanciful, 
unwearied in research, and gifted with wonderful talent in arranging and molding his 
material, the author is as fascinating as he is learned. His erudition is immense— so im- 
mense as not to be cumbersome. It is the result of a long and steady growth— a part of 
himself."- i?05to/i Journal. 



Essays. 



m. 



With a Biography of the Author. Portrait. 12mo. Cloth, $1.00 ; 
hajf calf, extra, $2.50. 



B. APPLETON <k CO., Publishers, 1, 3, <& 5 Bond Street, New York. 



